My husband walked out on my daughter and I on Aug. 29. I have been a stay at home mom and have no employment history. My husband is seeing another woman and they have a very unstable relationship. Their have been domestic violence issues involving her ex-husband. I can not find any lawyer who will take the case without upfront money that I do not have. My daughter has generalized anxiety disorder and her therapist agrees that her father’s behavior is a danger to her emotional health and well being, can I get a DVO based on this? How can I keep him from hurting her? I can not have him taking her around his girlfriend because of the danger of domestic violence. His girlfriend’s ex has already beat up my husband and he refused to press charges because his girlfriend did not want him to. Last weekend when he had my daughter he told her all about the new girlfriend and then told her not to tell me. Of course she did. He also was verbally abusive to her and she pitched a fit to come home, so he drove her in the pouring rain, mad driving out of control then proceeded to come in here making threats to take her away because I was an unfit mother. He is very verbally abusive but I dont think he would kill us or anything. But, it is damaging to our emotional well being and I want him away from us. I need help…
Unfortunately no, you cannot obtain a DVPO in this situation. You need to file an action for temporary and permanent child custody and set a temporary hearing as soon as you can. Until then, you do not have to send your daughter to visit your husband if you truly believe he, or those around him present a danger to you daughe
Can you explain to me how to file a motion for temporary custody and get a court date? Can I do that through the clerk of court or do I need to retain an attorney?
You may file a complaint for custody and temporary custody pro se (without an attorney), some counties have self serve clinics with same documents which you can use as a guide.
Before proceeding I suggest you read the local rules for your county. Many counties post these on-line at www.nccourts.org.
Complaints are filed with the clerk of district court.