As discussed in my post about Temporary Orders, in the Boston area and all throughout Massachusetts, Probate Courts may issue orders while your case is pending in order to outline the rights and obligations of the parties. If you and your soon-to-be former spouse are having difficulty determining who is going to stay in your home, you can file with the court for an Order to Vacate.
The Order to Vacate is good for up to 90 days, with the opportunity to renew if the need for the order persists. In order to get the court to issue the order, you must show that without the order, you or your child’s health, safety, or welfare is at risk. If you fear that you are in immediate danger, this order may even be issued immediately without the other party being present at the hearing (though you will need to go back in 5 days rather than 90 under these circumstances.)
The court can even issue this order if the other person has already left the home, or if you have left the home because you feared for your safety and would now like to go back.
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