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
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.