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Rule 22: Motion to Vacate Premises

A. Contents of Motion. A motion to vacate premises shall state with specificity the reasons for the motion and shall be supported by an affidavit of the moving party setting forth the facts on which the motion is based.

B. When Granted.  A motion to vacate premises may be granted if the movant establishes that the opposing party:

    (1) Attempted to cause or recklessly caused bodily injury by acts of physical violence;

    (2) Placed a party, by threat of force, in fear of imminent serious physical harm;

    (3) Committed any act with respect to a child that would result in the child being an abused child as defined in O.R.C.2151.031;

    (4) Engaged in conduct which causes or is likely to cause emotional and/or mental stress to the spouse and/or minor children of the parties;

    (5) Engaged in conduct which creates or is likely to create an environment which significantly endangers the spouse's and/or minor children's physical health or mental, moral or emotional development; or,

    (6) Engaged in conduct abusive to the spouse and/or minor children whether by physical acts or verbally.

C. Ex Parte Orders.  No motion to vacate premises shall be granted Ex Parte. If circumstances warrant it, a party can be vacated from the premises on an ex parte basis pursuant to a Domestic Violence action, as proposed in D.D.R. Rule 26.

(Effective July 1, 1991.  Amended effective May 1, 2011.)

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