Modify or Dissolve Restraining Order

I purchased my home several years prior to my marriage. My husband made false statements to authorities and was granted a protective order, which also allowed him to stay in the home, while I was ordered out. Is there a possibility to have that order modified, or dissolved, to allow me back into my property and request that he move somewhere else?

You can file a motion to modify or set aside the domestic violence protective order and explain your reasonings in the motion.

You will likely want to file a claim for equitable distribution (property division) along with a motion for interim distribution asking the court to distribute the house to you in the interim until a final equitable distribution can be done.

Anna Ayscue

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

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