Orders Of Removal From Family Residence In Divorce
During the pendency of a divorce or separate support case, either a plaintiff or defendant may file a motion with the court requesting the court remove the other party from a family residence. Usually only after a hearing, allowing the other party to respond and be heard in court, the court may force a party out of his or her home during the divorce case. The basis for such removal is grounded in the premise that the health, safety or welfare of the moving party or any minor children residing with the parties would be endangered or substantially impaired by a failure to enter such an order (M.G.L.A. c. 208, 34B).
In emergency situations, one party can appear ex parte without giving the other party notice to request the court order the other party to vacate the home. However, the moving party must show that there is a substantial likelihood of immediate danger to his or her health, safety or welfare or to that of minor children from the opposing party.
The order to vacate may be made for up to 90 days, and may even be granted if the scared party has left the home already. The order may be extended another 90 days after a hearing. These move-out orders during divorce cases are thus different from restraining order/prevention of abuse cases where move out orders may last for up to one year.
For additional information about domestic abuse prevention during divorce or separate support cases call or email our office today. We offer a free, private initial consultation to discuss your options.
Our firm serves Boston as well as all courts in Bristol County, including the New Bedford, Fall River and Taunton courthouses. We also serve all courts in Plymouth County including the Family and Probate Courthouses in Plymouth and Brockton.