Christa,
I cannot tell you why another attorney would advise you in a particular way without knowing all of the facts. However, a court will usually not issue a domestic violence protective order several months after an incident of domestic violence has occured, because the threat is no longer “imminent.” I hope that you are safe at all times, however, if your husband threatens you or physically assaults you, then you should first, call the police, then file another complaint for a domestic violence protective order immediately.
Without knowing what kind of case you have, it would be hard for me to tell you how the complaint or his response to it would affect it. However, if you are trying to get alimony, your allegations of abuse may constitute fault on his part. If he is an abusive spouse, it could also affect the type of visitation a court may award him.
I hope this helps. Take care, and be safe!
Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com
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.