DV case and Custody

My husband has his sentencing next week for assault on a female (me) and Im stressed about the experience BUT more so about my kids. He drinks and smokes all day and is not mentally stable right now. He will chug beers and try to drive them. They are only 2 and 5. Can I get any support during the criminal case regarding this concern? Right now there is a no contact order with me, the house, where I work so that means contacting kids are next to impossible. He needs supervision

You can file a court action against him for custody and allege what has happened that puts the children in danger or poses a safety threat to them, including the extent of his drinking.

In your court complaint and at a hearing/trial you can ask for supervised visits, an alcohol monitoring device to be in place, substance abuse assessment, psychological evaluation, custody evaluation, etc.

You should have also filed for a domestic violence protective order (DVPO) due to the assault. This is a civil order that if granted will prohibit him from having contact with you for up to one year. A violation of the DVPO is a high level misdemeanor crime.

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.