I’m Concerned for My Safety, Can I Kick My Spouse Out of the House?

Divorce is a difficult experience for both parties involved, but it becomes especially concerning when one party is acting in a threatening manner or refusing to leave the home. When both spouses wish to remain in the family home, the conflict in the home may escalate and one spouse may become concerned for their safety. A dwelling exclusion order is a legal means of removing one spouse from the family home.

When Can I Obtain a Dwelling Exclusion Order?

State law requires the spouse requesting a dwelling exclusion order to meet certain criteria. In order to obtain the order, you must first prove that you have a legal right to live in the home. In addition to proving right of residence, you must have evidence that your spouse has harmed you or threatened to harm you in some way.

Are Dwelling Exclusion Orders Easy to Get?

In short, the answer is no, dwelling exclusion orders are not easy to get. As explained above, the spouse needs to have concrete evidence that their ex-spouse is harmful to the family members living in the home. Without physical evidence of injury or a reliable witness to the erratic or threatening behavior, the court is likely to say no to kicking one spouse out of a family home.

Since obtaining a dwelling exclusion order can be difficult, we always suggest that the spouse in danger hire an experienced family law attorney to represent them during their separation and divorce. The staff at the Law Office of Lindsay Soto has over 14 years of experience working in family law, including dwelling exclusion orders, in Salem, OR and the surrounding areas. Our attorney can guide you step-by-step during this emotional and stressful season of your life.

To schedule a consultation with family law attorney Lindsay Soto, click here or call 503-315-7344.