Hello, I’m planning to move out next month and my spouse threatened me few days ago with harm. I did not want to call cops on him due to various reasons. Will it be possible to file a restraining order based on that day’s incident after I move out. I have been threatened in the past also. In the meantime if things escalate, I will call 911. Also, as a parent of dependent adult children, can I include in the restraining order that I’m worried about their safety?
You can get a domestic violence protective order (DVPO) if your spouse:
(1) attempted to cause bodily injury or intentionally caused bodily injury
(2) placed you or a member of your household in fear of imminent serious bodily injury; or
(3) placed you or a member of your household in hear of continued harassment which rises to such a level as to inflict substantial emotional distress
A mere threat, by itself, is likely not enough to have a DVPO granted. However, for example, a threat along with evidence/testimony to show that it placed you in fear of imminent serious bodily injury and you truly believed the threat and your spouse capable of following through with the threat, may be enough to have a DVPO granted.
Your adult children, unless they are incompetent, will have to file for their own DVPO assuming they can meet one of the above 3 requirements for a DVPO.
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.
Can I get a restraining order for a threat of serious harm which was given to me by my spouse about a month ago? I didn’t have enough courage to call cops on him that day and now I think I should have. I am in constant fear that he will flip anytime.
Yes, you can apply for a domestic violence protective order (DVPO) for something that occurred a month ago.
A DVPO will be granted if:
(1) your spouse attempted to cause or intentionally caused bodily injury, or
(2) your spouse placed you in fear of imminent serious bodily injury, or
(3) your spouse placed you in fear of continued harassment which rises to such a level that it causes substantial emotional distress.
For more detailed information about DVPOs, check out our article Domestic Violence and Staying Safe.
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.
Thanks. In that case, can I serve my spouse with separation notice after he gets the restraining order? In that way he doesn’t come back to the house.
Yes.
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.