Is it to late to file a restraining order


#1

Dear Sandiandmike24,

If your niece feels that her physical safety is threatened she can file for a restraining order. It does not matter that she already left him, the issue is whether or not she still feels that he poses a threat to her physical safety or emotional well being. If she is granted a restraining order it can give her possession of the marital residence.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

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

My niece recently left her husband.She left because she felt threatened,he has pushed,threatened her life if she left etc.,all this info has been documented at the police station(THEY HEARD IT WHEN SHE CALLED THEM AT THE TIME ALL THIS WAS GOING ON)she left that night,went back and stayed a few days, then left again and now she and her kids are staying here with my wife and I.but she did not get a restraining order at that time.Can she file one now for said incident.She still feels threatened and now he will not allow her acsess to her and her childrens things "because she abandoned him by leaving’PLEASE GIVE ADVICE.