California Family Code 6340

California Family Code 6340 Attorney

Suffering domestic violence at the hands of an individual who lives with you can leave you in a state of perpetual terror. Your children or other members of your family might also be suffering this terrible ordeal. Under California Family Code 6340, you may have grounds to have this individual expelled from your home by the courts if they are causing physical or emotional harm to others in the home. This order can be considered a protective order or a restraining order under the laws of California.

At Quinn & Dworakowski, LLP, we understand that these can be difficult and trying times, especially when the individual causing the unsafe home environment and subsequently being expelled from your home is a spouse or other close loved one. However, you deserve to be protected, and, thankfully, there are laws in place to do just that. If you have reason to order someone to be expelled from your home, contact our offices to learn more.

What Is California Family Code 6340?

In California, the courts can order a restraining or protective order after a notice and hearing on the matter. When deciding to rule in favor of a restraining or protective order, the courts will consider if not doing so would jeopardize the safety of the individual who has filed the petition for the protective order. If the individual who is being filed against is seeking custody or visitation rights of a child, the court will also consider the interests of that child.

Under California Family Code 6340, the protective or restraining order can expel an individual from their current dwelling if serious physical or emotional harm could arise at their hands. If so, they must be removed from the presence of:

• The petitioning party
• Other individuals in the care, custody, or control of the petitioning party
• Any minor child shared between the two parties

If the courts determine that such an order is in the interests of the petitioning party and their children, it will be forwarded to the local law enforcement authorities, who will then enforce the order. The police will have the power to escort the offending individual off their shared premises, such as the family home.

Obtaining this protective order, as is your right under California Family Code 6340, can be a difficult legal matter. It can also have serious consequences for the individual whom the order has been taken out against. It is important for the party filing the order to retain the services of an attorney. They can assist the petitioner through the complicated legal proceedings to come.

Quinn & Dworakowski, LLP: Your Team of Experienced Attorneys for Family Law Cases

At Quinn & Dworakowski, LLP, we understand the difficulties involved in obtaining a protective kick-out order, as outlined in California Family Code 6340. Our attorneys can advocate fiercely for this order in cases of domestic violence. With over 30 years of shared experience in these complicated family law matters, we have the resources necessary to seek a positive outcome for your domestic violence and restraining order case.

Common Kinds of Domestic Violence That May Require a Protective Order

Many acts of domestic violence may call for a protective restraining order or kick-out order, per California Family Code 6340. These can include, but are not limited to, the following behaviors:

• Sexual Abuse: This can include any sexual behavior or activity that is deemed to have been forced or otherwise done without the consent of one of the parties, such as rape or sexual assault.
• Physical Abuse: This is any form of physical harm done through actions such as hair-pulling, hitting, punching, pushing, or throwing objects with intent to cause physical harm.
• Emotional Abuse: This can involve any behavior of an emotional nature, such as insults, belittling, constant criticism, or forms of verbal manipulation, that break down and attack a person’s self-esteem.
• Economic Abuse: This encompasses withholding a partner’s access to funds or other financial resources, controlling the monetary means of the other partner, or refusing to allow this partner to find their own employment to gain their own source of income.
• Psychological Abuse: This can include threats, intimidation, isolation, or stalking, which involves harassing, following, or monitoring the communications of the other partner.

FAQs About California Family Code 6340 Attorney

What Are the Common Types of Restraining Orders in California?

In California, there are four main types of restraining orders. These include:

1. Emergency Protective Order: This is for victims of domestic violence who need immediate protection from their abuser.
2. Domestic Violence Temporary Restraining Order: Victims of domestic violence can seek this order to address their specific situation.
3. Criminal Protective or No-Contact Order: This is typically issued in domestic violence cases and makes it so your abuser cannot contact you.
4. Civil Harassment Restraining Order: A victim of harassment can petition for this order to stop the harassment.

How Much Does a Domestic Violence Attorney Charge in California?

In California, it can be difficult to offer an exact estimate of the exact cost to retain the services of a domestic violence attorney. However, their aid can be crucial when seeking a protective or kick-out order, as outlined in California Family Code 6340. There can be several factors that impact the total fees. These include the complexity of the case as well as the location, skill level, and experience of your attorney.

Can a Spouse Ask for a Restraining Order in California?

Yes, in California, a spouse can ask for a restraining or kick-out/move-out order when their spouse has abused them or their children. This abuse can be sexual, physical, emotional, psychological, or economic. The perpetrator may have also threatened to abuse them or harm their children in a physical, emotional, sexual, psychological, or economic way.

What Can a Restraining Order Do?

In cases of domestic violence in California, a restraining order can enforce the following actions:

• Order your abuser to stop abusing your children or yourself.
• Keep the abuser from being able to own a gun.
• Order the abuser to pay child support or spousal support.
• Order the abuser to be removed or expelled from the family home.
• Order the abusive individual to stay away from your children and yourself.

Contact a Compassionate Attorney for Family Law Matters in Orange County

If you would like to seek a restraining, protective, or kick-out order, as you are entitled to under California family law codes, contact Quinn & Dworakowski, LLP. We can help protect you and your family while upholding your rights.