Need an answer ASAP


#1

It is likely that your spouse obtained what is called an ex parte Domestic Violence Protective Order. You should expect to have a hearing on the matter in approximately 10 days, depending on when you get served with the complaint. Until then, you should stay away from your spouse until a judge determines whether or not a permanent protective order should be put in place. If your spouse has obtained this protective order in NC, then you will need a NC attorney. You should go ahead and find an attorney as soon as you can, because the hearing typically happens very quickly.

Good luck,

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

If your spouse has EVER struck you, and the statute of limitations hasn’t expired, I would STRONGLY advise you to file charges against your spouse for assault and/or battery. The B50 order your spouse has against you is a very powerful tool and can cause you tremendous problems. You need to have charges brought against your spouse as well for your own protection, that is if it can be done so legally.

We all know it takes two to tango.


#3

You should note that a 50B requires that the danger be “imminent.” That means that it must have happened recently (as in the last few days) before a court will issue a 50B. So, domestic violence situations that happened weeks, months or years ago will unlikely result in a domestic violence protective order.

Good luck,

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.


#4

Last wk. my spouse and I were visiting family in another state. We had an argument and I slapped my spouse. I was arrested and put in jail, while I was in jail, my spouse took the kids and went back to NC. My spouse tells me that there is a paper that he/she filed stating that I am not allowed near the house, him/her, and the kids. Nevertheless, I am stuck in this other state since there is nowere for me to go in NC (I don’t have any family or friends there since I moved there a few months ago) Would this paper be a Domestic Violence Protection Order or could it be a Divorce from Bed? I know that the sheriff has this to serve me, but I am in another state. Also, my bond did NOT say to stay away from my spouse, they told me that I was released to return to NC. Where would I need to hire an attorney at? My old state or new state. If my spouse wants a divorce or seperation, then I will move back to my home state. If anyone has any suggestions, plz help!!