Practice Area

Property Control / Move Out Order Attorney

Property Control and Move Out Orders Attorney Ventura County, California

Being in an abusive relationship can make you want to leave and not reside in the same house as your abuser. But you don’t have to be the one to move out or seize control of your property and valuables. Clients often worry about what will happen if they seek a restraining order against their spouse or significant other. In the past decade, California’s legislature has moved to ensure that not only can orders be obtained requiring the abusive spouse to move out of the family home, but additional orders concerning property control can also be made: use and possession of a vehicle is one commonly made order, for example. That said, handling an abusive situation can be challenging, but a property control and move out orders attorney in Ventura County, California can help make the process manageable.

How To Get A Move Out Order In California?

Divorce is not easy as it comes with many more by-products, and moving out is one of them. A move-out order is needed when you suffer domestic violence during the divorce proceedings. In such cases the court grants the abused spouse a kick out order for the abusive spouse to move out. The court issues the ex parte order, which states the exclusion of a party from the family residence for the safety of the suffering party and the minor. Under California Family Law Code section 6321 this order is given on the following grounds:

  • Relevant facts showing that the party under the dwelling contains right to possess the premises
  • The party to be evicted has committed an act or violence or assaulted or threatened to assault the victim or a minor
  • The victim or the minor/children would suffer emotional and physical harm if the abuser is not evicted

How To Get A Property Control Order In California?

You might be going through an ugly divorce case that has made it impossible for you and your spouse to meet common ground regarding your finances. If you and your spouse can’t agree on who gets to keep the family home or who gets to use the car till the divorce is finalized, obtaining a property control order can prove valuable. 

A property control order is a temporary order in California, as the marital assets are equally divided at the time of divorce. You can request a property control order with the help of a property control order attorney. Here’s how:

  • Take the request for an order form and fill it out
  • Provide the court with the reason behind this order
  • Attach all the necessary documents, such as bills, account statements, etc to increase the chances of approval
  • Get printed copies of the form
  • Finally, file your forms with the court

California Law And Domestic Violence

A protected party often needs reliable transportation to and from work, schools, and daycare facilities. The custody and control of the family pets are usually granted in the initial restraining order, as well. The right to the individual’s cell phone number. The rationale is that if someone abuses his/her spouse, intimate partner, or child, that person might pose a danger to the family pet once the human victims are safely out of the situation. Now, your pets can be protected as well.

Another order we regularly obtain for our client is to require the cell phone company to carve the abused party’s number out of the “family plan” and ensure that number goes exclusively to the abused party. This is a particularly important addition to the orders a court can make pursuant to a finding of domestic abuse; it is vitally important that the abusive party no longer be able to access the victim’s cell phone information: their contacts, calls made, and particularly their whereabouts at any point in time need to be utterly unavailable to the restrained party. You can keep up with the present laws by getting help from a property control and move out orders lawyer in Ventura County, CA.

Get Your Spouse To Move Out Today!

If you believe you need a restraining order or find yourself defending against one. Hire the best property control and move out orders attorney in California, who knows the length and breadth of domestic abuse law in California. Our family law lawyers at Hartley Lamas Et Al are extensively educated and experienced domestic violence attorneys. To get in touch, call us at (805) 639-0600 or   email the firm.

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