In an earlier blog post, I addressed the issue of whether or not you should move out of house voluntarily. Here, the discussion is a bit different, hence the question: Whether your spouse can have you removed from the house.
Up until last year, in California, it was much easier to obtain what is referred to as a “kick out order”. The old “Order to Show Cause” forms had space where you can make such a request and these requests were routinely made. Then, there was a change. The new version of the form, which is now entitled “Request for Orders” no longer has a kick out request available on it.
The reason for this is that kick out orders are only available under the Domestic Violence Act. That means you can only be kicked out of your home if the court finds that you have committed one or more acts of Domestic Violence. If the court cannot make such findings, you will not be excluded from your residence.
In the real world, however, this might not mean much. It is very easy for someone to lie to the Court and say that you were violent or threatening violence when you were not. Remember, the court can issue a residence exclusion order if it finds that you committed such acts. If your spouse lies and the court buys it, you can still get kicked out. This can have an adverse effect on your ability to see your children (See California Family Code Section 3044). My best advice is if at all possible, do not live in the same house (or even the same neighborhood) as someone you are divorcing.
Hoffer Family Law Firm
As you know, we are now living in uncertain times. Our society has shifted in ways that were completely unexpected 3-6 months ago. As a result, our priorities and actions need to shift as well. Remember, we cannot control the wind, but we can always adjust our sails. The Courts here in Southern California are closed for the foreseeable future. The Los Angeles County courts are taking filings and are hearing emergency matters. The Ventura County Courts are hearing emergency matters but are not taking filings at all. Currently, both court systems are scheduled to re-open in mid-May; however, given the current state of affairs, it is likely that the closures will be extended.
So, how do we adjust our sails? We set you up for success for when the Courts re-open, your case will be ready to go.
1. Video Consultations: All you need is a phone, an iPad, or a computer with a webcam and a microphone and we can have a video consultation. Please click here to schedule.
2. For Divorce Cases: For existing cases in Ventura County, we can prepare your disclosures, create a discovery plan and ready your case for when the court opens again. For Los Angeles County, we can file your Petition and related documents, prepare your disclosures, create a discovery plan and ready your case for when the court opens again.
My Advice to you!
3. Be physically and emotionally healthy! There is a lot of humor circulating about how people are gaining weight and getting drunk during this period. Don’t give in to that. This is the time to take stock and improve on those things you always wanted. It means reading that book you wanted to read. It means taking that online course you always meant to take. It means gaining that skill that you didn’t have time for. It also means not letting your divorce case sit unattended. There is always work to be done. Let us handle it for you. Take this period of time to be proactive!
Thanks for taking the time to drop by.
Jeffrey L. Hoffer
Certified Family Law Specialist – located in Agoura Hills, CA.