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Factors used in determining Vacate Orders
Before someone can be awarded a vacate order in which the abuser is required to leave the home for a certain period, there are seven factors that will be weighed by a court in determining whether a vacate order is appropriate. As a preliminary matter, however, prior to analyzing these factors, it is required that the property to be vacated be the primary residence of the eligible person and rented, leased, or owned by the eligible person or abuser.
The factors used to determine the appropriateness of a vacate order include the following:
(1) The housing needs of any minor child living in the home, whether a child of the relationship or not
(2) Duration of the relationship between the eligible person and the abuser
(3) Who has title to the home
(4) Pendency and type of criminal charges against the abuser
(5) History and severity of abuse between the abuser and the eligible person
(6) Existence of alternative housing for either party
(7) The financial resources of the eligible person and the abuser
Further Information on Domestic Violence:
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