Domestic Violence Relief & Contempt

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When violence hits the home and one spouse takes physical action against the other, the battered spouse frequently needs more than just a divorce.   They need protection and they need it now! 

Kick-Out Orders for Protection

In California, the victim of domestic violence can generally obtain an order "kicking out" the violent spouse within 48-72 hours of their first visit with an attorney.    The order will be forwarded to the local police, who will escort the offending spouse from the home. 

If the evicted spouse violates the order and contacts the spouse or other family members affected by the order, the action is treated as a crime and the district attorney will prosecute the offender. 

Why Should a Kicked-Out Spouse Care?

Should you find your spouse seeking a kick-out order against you, you should take this process seriously.  Obviously, if you have been physically abusing your spouse or your children, you need to arrange for counseling on your own before it escalates into a public matter. 

Domestic violence issues can appear on a criminal background check and a conviction or violation of a no-contact order can affect your ability to hold certain jobs.   In addition to its impact on employment, being accused of spousal abuse can affect your ability to obtain custody and even visitation of your own children.  A current domestic violence conviction can bar you from seeking custody of your children for five years. 

We cannot advise you enough that you cannot take these accusations lightly, especially if they are groundless.  Letting the process run its course and allowing yourself to be removed from your home is not just a minor process.  You cannot later explain that you just did not care and so you did not oppose the order.  It will be too late.

Whether you need an attorney to help relieve you from an abusive situation or whether you need an attorney to help you defend against allegations of abuse, experience matters.  If you have any questions, or if you would like to speak with an experienced attorney to advise you with your concerns about domestic violence and kick-out orders, please do not hesitate to call us at (510) 537-7200.  We look forward to helping you.