Kicked Out of The Home Falsey

My wife filed a FALSE Domestic Violence Protective Order against me and had me kicked out of our home from 8/02/2018 - 10/15/2018. She threw away over $500.00 of my things. Can I file a Protective Order on her NOW for the things she was doing to me ( trying to fight me, belittling me by name calling, especially when she was drinking alcohol, calling my job trying to get me fired, harassing my 86 year-old mother, opening my mail and threatening me with a bat.) before she filed the FALSE Domestic Violence Protective Order against me that was dismissed? Can I have her removed from the home and I move back into the home? I was not attacking her or doing anything wrong to her so why should I have to leave the home? What are my rights toward this? (There are no small children in this mess our children are 25 & 27 and I played the role of mom and dad for them anyway.)

You can file a domestic violence protective order (DVPO) if your wife attempts or intentionally causes bodily injury, places you in fear of imminent serious bodily injury, or places you in fear of continued harassment that rises to a level so that it inflicts substantial emotion distress.

The more time that passes from the occurrence of an act of domestic violence to the time of filing for a DVPO, the less credible you will seem. Since your wife has already filed an action against you and it was dismissed several weeks ago, now filing a DVPO against her could be seen as retaliatory.

You are better off filing for equitable distribution with a motion for interim distribution (asking to have the house distributed to you now vs. at the end of the equitable distribution case) and any other claim that you would be eligible for such as divorce from bed and board, postseparation support, and alimony.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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