Dvpo


#1

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.


#2

The attorney I just talked to said based on my case she wants me to file a DVPO, or for personal reasons she would not take the case. I finally got up the nerve - my ex has been gone almost three months now. The court called me and said the judge denied the claim but they were sending my ex a copy. The judge denied it because he said it has been several months since anything has happened. My ex has been reasonable during this time because I have just agreed to everything regarding the divorce until I could afford an attorney and fight him. Now, he is going to really be angry when he gets the complaint. My question is why would my lawyer tell me to do this, what can I do now, and how will this affect my case. (another reason she said to file it was to make sure I had custody of my daughter or he could take her and I would have to pay $1500.00 to my lawyer for emergency custody - he would not have taken my daughter before but it is a possibility when he gets the denied claim)