Spouse Removed From Home


#1

A 50B (domestic violence protective order) can only be used in situations where domestic violence actually exists. It cannot and should not be used to get one spouse out of the house when no domestic violence has occurred. You may file for a divorce from bed and board, and ask for the court to distribute the marital residence to you if you have children. Otherwise, you will have to wait for a judge to decide who will have to leave the house, if you and your spouse cannot agree.

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

Thank you for your help with this matter. Another question is, what constitutes Domestic Violence? Is that physical abuse, mental abuse or both?


#3

Dear bobwend1:

Greetings. Domestic Violence is generally physical abuse, or the threat of serious bodily injury. Mental abuse is not normally domestic violence. I would suggest that you talk to an attorney about your situation prior to filing for domestic violence. You can also contact Interact, a domestic violence shelter, if you need to get away from your spouse. Best of luck…and please take care of yourself.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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

My husband and I have gone around about the fact that I cannot have him legally removed from our home. I have a friend whose wife filed some sort of document (B50?, not sure) to have him removed from the premises until they could go to court regarding seperation. I live in NC and was wondering if there is such a document? Thank you.