|Los Angeles Domestic Violence Attorney
Certified Family Law Specialist
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.
Contact a Los Angeles Domestic Violence Attorney at Law Offices of Warren R. Shiell
Please call to make an appointment at 310.247.9913
© 2020 Warren R. Shiell. All rights reserved. Warren R Shiell is a Los Angeles Divorce and Family Law attorney. The information
contained in this website is an "Advertisement." It is for informational purposes only and shall not constitute legal advice. Nothing in
this Website shall be deemed to create an Attorney-Client relationship. An Attorney-Client relationship shall only be created when
this office agrees to represent a Client and a Client signs a written retainer agreement.
return to top of page < HOME
1875 Century Park East, Suite 600
Los Angeles, CA 90067
tel. (310) 247-9913
fax. (310) 276-0313