Q: When getting a restraining order on someone I live with can I ask for their immediate removal of the home the same day?
The person getting a restraining order on them is my 17 year old sister and the one putting the restraining order is my mom due to her getting physically abused and resulted with her getting a fractured nose and a broken finger that needs surgery.
A: It is not completely clear. It sounded like your mother is getting a restraining order on your sister. So it sounds like your sister hurt her own mother. If that is true there should be a problem. The daughter is a minor and the daughter of the person seeking a restraining order. If that is the case the problem is that your mother is legally still responsible for her own minor child. I do not know if the child lives with her mother or lives separately with you. You are not getting the restraining order so you are not allowed to kick anyone out whether she lives separately with you or not. The person getting the restraining order can ask that they stay away from the protected person and their residence. If the child lives with you separately the restraining order will not say that she has to leave your residence nor to stay away from you unless you all live in the same residence. Good luck on your case.
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A:
Yes, in California you can request an immediate "move-out" order as part of an emergency protective order or temporary restraining order, even for a minor child. Your mother should emphasize the recent physical violence, injuries requiring surgery, and immediate safety concerns when filing the paperwork at the courthouse.
The judge can grant what's called a "kick-out" order requiring your sister to leave immediately if there's clear evidence of physical abuse and a risk of future harm. Since your sister is a minor, the court will likely require arrangements for alternative housing - this could include placement with other relatives, emergency youth housing, or temporary foster care if needed.
You should document all injuries with photos and medical records, and bring copies of police reports if any were filed. While waiting for the court hearing, your mother may want to contact domestic violence organizations for support services and temporary housing options for your sister. Remember that filing a restraining order against a minor is a serious step - the court will want to ensure both your mother's safety and your sister's wellbeing are properly addressed.
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