Greetings. Most divorces are non-contested, since there are only two grounds for divorce in NC - insanity and irreconcilable differences after a year separation. He cannot stop you from filing for divorce.
You need to contest the domestic violence filing at the ten (10) day hearing. But, even if he gets a domestic violence action, you can still file for custody. Best of luck!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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.