How to Get a Move-Out Order Against an Abusive Partner in California

Escaping an abusive relationship is incredibly difficult, especially when you share a home with your abuser. Many victims in California feel trapped, believing that because their partner pays the rent or owns the house, they have nowhere to go. However, California law prioritizes the safety of victims over property rights in emergency situations. Whether you live in San Francisco, Fresno, or Sacramento, you have legal options to secure your living space.

Under Cal. Fam. Code § 6321, a judge can issue a "Residence Exclusion Order"-commonly referred to as a move-out or kick-out order. This order grants you temporary exclusive use and possession of your shared residence, forcing the abusive party to leave immediately. Securing this order allows you to remain in a safe, familiar environment while you navigate the legal steps of a divorce, separation, or permanent restraining order.

Step-by-Step Process for a Move-Out Order in California

Requesting a move-out order is part of the standard Domestic Violence Restraining Order (DVRO) process. You must show the court that you have a legal right to live there and that you are in physical or emotional danger.

Step 1: Filing the DVRO Paperwork

You must begin by filling out Form DV-100 (Request for Domestic Violence Restraining Order). On this form, there is a specific checkbox to request a "Move-Out Order." You will need to provide the exact address of the residence and check the boxes explaining your legal right to live there (e.g., your name is on the lease, you are married, etc.).

Step 2: Proving the Need for the Order

To grant a move-out order before a full hearing, the judge must believe that there is a risk of physical or emotional harm if the abuser stays in the home. You will need to write a detailed declaration on your Form DV-100 describing recent incidents of violence, threats, or severe coercive control. You must also explain why moving out yourself is not a safe or viable option.

Step 3: Submitting to the Judge

Take your completed forms to the clerk at your local family court, such as the Superior Court Sacramento or the Superior Court San Jose. The judge will review your request "ex parte" (without the abuser present). If they agree that you are in danger, they will sign the temporary move-out order.

Step 4: Serving the Order and Civil Standby

Once the judge signs the order, you cannot give it to the abuser yourself. You must arrange for formal service. For a move-out order, it is highly recommended to use local law enforcement, like the Los Angeles County Sheriff's Department Los Angeles. When deputies serve the papers, they will perform a "civil standby," ensuring the abuser gathers a few personal belongings (like clothing and toiletries) and leaves the premises peacefully.

Property Ownership and Lease Scenarios

Many victims are confused about whether they can get a move-out order if they do not own the property. In California, immediate safety trumps property rights during a domestic violence crisis.

What If Both Names Are on the Lease?

If you both signed the apartment lease, you have an equal right to the property. However, a family court judge can still order the abuser to vacate. A DVRO overrides the lease agreement temporarily. You may later need to work with your landlord to officially remove the abuser from the lease under California's safe housing laws for domestic violence victims, which allow survivors to break leases early without penalty if necessary.

What If the Abuser Solely Owns the Home?

This is a terrifying scenario for many victims, but the law still protects you. Even if the abusive partner is the sole name on the mortgage or deed, a judge can issue a temporary move-out order if you are married, or if you can prove you established residency there and have no other place to go. While the abuser will eventually retain their property rights in a divorce or civil separation, the judge will prioritize keeping you safe in the short term and remove the abuser from their own property.

What If We Have Children?

If children are involved, it strengthens the case for a move-out order. Courts strongly prefer to keep children in their primary home to maintain stability during a crisis. In your declaration, emphasize how forcing you and the children to leave would disrupt their schooling and cause emotional trauma.

How Much Does a Move-Out Order Cost?

Filing for protection should not be a financial burden.

• Court Filing Fees: The court charges $0 to file a Domestic Violence Restraining Order, including the request for a move-out order.
• Law Enforcement Service: Local police or sheriff's departments will serve the restraining order and conduct the civil standby for free.
• Attorney Fees: While you can navigate this process alone using a court's self-help center, hiring an attorney is highly beneficial when property rights are contested. Attorney fees usually range from $2,500 to $6,000. Remember, California law allows judges to order the abusive party to pay your legal fees. You can find a qualified local attorney in our directory to assist you.

How Long Does the Process Take?

Because domestic violence is an emergency, the initial timeline is very fast. After filing your paperwork, a judge will typically review your request and issue the temporary move-out order within 24 to 48 hours. Law enforcement can serve the order immediately after you receive the signed copies. You will then have a permanent court hearing scheduled within 21 days, where the judge will decide whether to make the move-out order last for up to 5 years.

Frequently Asked Questions (FAQ)