I was wondering what my options are. I have been married a little over a year. My husband moved into my home that I rent and my name is on the lease. We are on the verge of divorce. He actually left at one point but came back and the police stated that he was able to do so even though he had been gone for a month, had no belongings here or anything. Fast forward to recently. He and I both had a domestic issue in which we were both arrested but charges were dropped. I defended myself because I finally had enough of him putting his hands on me. Previously we had an ex parte order prior to the marriage that has expired. My question is how can I ensure that he is not able to walk back into my house? What are my options?
Your can file for a domestic violence protective order against your husband. This would force him from the home and keep him away from the home if it was granted.
You could also file for equitable distribution and ask the court for an interim distribution of the home. This will be a slower process than a domestic violence protective order.
If you are separated now, you can have the locks to the house changed. And you can call 911 for the misdemeanor of domestic criminal trespass if he comes back to the property.
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.