Los Angeles Domestic Violence Attorney
Family Law and Spousal Abuse Lawyer


         DOMESTIC VIOLENCE FAQ #5


5. "Kick out" or dwelling exclusion order?

A dwelling exclusion is often called a "kick out" or "exclusive use of home"order. The Court must find all of
the following (Fam C §6321(b)(1)-(3)):

•        Facts sufficient for the court to ascertain that the party who will stay in the dwelling has a right
under color of law to possession of the premises;

•        That the party to be excluded has assaulted or threatens to assault the other party or any other
person under the care, custody, and control of the other party, or any minor child of the parties or of the
other party; and

•        That physical or emotional harm would otherwise result to the other party, to any person under the
care, custody, and control of the other party, or to any minor child of the parties or of the other party.


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