Greetings. Yes, you can file a domestic violence case against your husband on behalf of the child (being his guardian ad litem) and file a motion to modify custody and request a child custody evaluation.
No matter what you do, it is likely to be expensive in attorney fees.
I am not sure why child protective services is telling you that they cannot help. It may be that they do not believe you or they think you are trying to manipulate the custody situation - which it seems is what they believe.
My suggestion is to get him and yourself into treatment and follow through on all the options I have included above. You need to take legal action directly and stop trying to get others, like the police or child protective services, to help you. It seems like you are not getting the assistance you need from them. Thank you and good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.