How Do I Remove a Violent Friend Who Refuses to Leave My Home in California?

Attorney Answer

Your safety comes first. If you're in immediate danger, call 911. Beyond that, California law gives you real tools to remove them, and which one fits best depends on a couple of details about your living situation.

Because you and your friend have lived together since February, California's domestic violence protection laws likely apply even though you're not romantically involved, since they cover people who currently live together too. A domestic violence restraining order can include a personal conduct order requiring them to stop contacting you (Family Code section 6320) and a residence exclusion order requiring them to move out of your home, even if their name isn't on any lease (Family Code section 6321). If that route doesn't fit, a civil harassment restraining order under Code of Civil Procedure section 527.6 is another option based on a credible threat of violence.

On the removal side, you cannot legally change the locks, remove their belongings, or physically force them out yourself. Under Civil Code section 789.3, that kind of self-help eviction is illegal in California even against someone with no lease. There is one faster route, but it is narrow: it is open only if you own the home and live in it yourself. Civil Code section 1946.5(c) defines a "lodger" as someone who contracts with the owner for a room "within the dwelling unit personally occupied by the owner," where the owner keeps a right of access to the areas the lodger uses and overall control of the unit, and the section applies only where there is a single lodger. If that describes you, written notice ending the hiring makes the person a trespasser once the notice period expires, and Penal Code section 602.3 — which reaches only a lodger "subject to Section 1946.5" — lets police remove them without an eviction lawsuit. If you rent rather than own, this route is not open to you no matter how the arrangement looks: serving a 1946.5 notice and then calling police would be an unlawful lockout under Civil Code section 789.3. In that case your paths are the restraining order above, which can order them out of the residence, or an unlawful detainer filed in court.

What to do now:

1. Document every violent or threatening incident, with dates and details. 2. Call the police any time they threaten or harm you, and request a report each time. 3. Contact a domestic violence advocate or legal aid organization. Many help with restraining order paperwork for free. 4. Ask a family law or landlord-tenant attorney which removal process fits your exact living situation.

This is general legal information, not legal advice about your specific situation. A California attorney or your local courthouse self-help center can walk you through the restraining order and removal process based on your exact circumstances.