Spouse was shooting BB’s into the walls of our home on February 2021. I called 911 and when the police officers arrived he shot his rifle into the air outside on the deck and he walked into the driveway towards the officers carrying the rife in his hands. He was very intoxicated. He was arrested and charged with assault on two officers. I bonded him out on a $30,000 bond as I felt forced to due to his job, etc.
On May 2021 he went to his Arraignment and wouldnt plea and so its going to trial and I have no idea how long that will take. Is there any way I can have him removed from our home? On his Arraignment day he was staring at me with an Evil look on his face. After I bonded him out, on the 3rd day home he pointed at me with his hand like a gun and pretended to pull the trigger and threatened to burn our home down. On Sunday he started mocking the way I walk. What can I do?? I will need to go after alimony and would like to divorce him. Do you think I could get a divorce from bed and board?
If you are in fear of imminent serious bodily injury and you are genuinely afraid of him and for your safety, then you can file a motion and complaint for a domestic violence protective order (DVPO).
If granted, he would be removed from the home and not allowed to return for a period of time. It is likely that a judge would hear your motion and complaint for a DVPO on the same day that you file for it at the clerk’s office.
For more detailed information on DVPOs, check out our article Domestic Violence and Staying Safe - The Details.
If you are unable to get DVPO, you can file a claim for divorce from bed and board if you qualify for one or more of the fault grounds. This is a much slower process as you would file a complaint, have him served, wait at least 30 days for him to respond to the complaint, and set a trial date which could be months away.
For more detailed information about the claim of divorce from bed and board, check out our article What is a Divorce from Bed and Board?.
Once you and your spouse have separated, you can file a claim for equitable distribution, postseparation support, and alimony.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
If I leave our home and file for a DVPO and its granted will he be removed from our home so I can return? Also, if the Judge grants the DVPO, how long would it take for him to be ordered out of the home?
If you leave the home, then file for a DVPO, and then it is granted, the judge may or may not give you temporary exclusive possession of the home. You will need to specifically request that you be granted temporary possession of the home in your complaint and motion paperwork and explain to the judge why you had to leave (for example: safety reasons).
If the judge grants the DVPO, the sheriff’s office is usually able to serve the DVPO on the defendant the same day, same night, or the next day.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.