Kick Out Order: What’s Good to Know?

Published on Jun 19, 2019

When families have disputes, the topic of kick out orders can often end up flying around. But what does the phrase even mean?

Attorney Donald P. Schweitzer is here to help. In his digestible video, he explains that a kick out order is an order which will exclude someone from the family residence and that it is not as easy to get as some couples might think:

According to Attorney Schweitzer, couples who are in the process of getting divorced often live together due to financial or other issues. But when living together is causing too many arguments and a hostile environment, it may be time to go separate ways. (Remember War of the Roses?)

In order to get a court to agree to a kick out that will come into effect in 24 hours, you will need to show three things. First, Donald says you have to show that you have the legal right to live in your home. This doesn’t mean that the property has to be in your name.

Attorney Schweitzer also says you have to prove that the other party has threatened or assaulted either you or someone you are taking care of, such as your children. The last thing is to show that if the kick out order is not put in place, someone in the home could be at risk of emotional or physical harm.

There are a few alternatives to a kick out order says Attorney Schweitzer. While moving out of the family home is one obvious option, this may not work very well for you or your family. Another option is selling the home, and using the proceeds to buy or rent a new property. And yet another option, says Donald, is known as birdnesting. This is where each party lives in the residence on alternate days or weeks during the divorce process.

If your household is full of volatility and you’ve had enough, it might be wise to consult with Attorney Donald P. Schweitzer for some legal representation and professional advice about what you can do to make your family home a livable environment for you during these times of divorce.

The Law Offices of Donald P. Schweitzer are located at 201 South Lake Ave Ste. 800, in Pasadena. For more information call (626) 683-8113 or visit

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