What can I do legally?


#1

Dear MicheleLin:

Greetings. It sounds like you need a domestic violence restraining order which allows you to restrain him from entering the home and mandates that he must stay away from you and your son. It will not be an easy step for you to take, but if you talk to an attorney they can help you file the documents and go with you. After you get the initial order, the Sheriff serves him with papers and he cannot come home or he will be arrested on the spot. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
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.


#2

I have been married for 2 years. My husband is very emotionally and verbally abusive. He yells all the time, in front of my 8 year old son. Everything in the house we rent is mine, shy of his clothes, I had it all when we married. My son is not his. We have no property to divide or anything that should make this so difficult but he refuses to leave. Literally, he will not leave the house, nor will he let me leave. I can’t afford to get an attorney and the emotional stress has caused medical problems for me. I need him to leave but I don’t know what I can do to make that happen. I have heard that I can’t just “change the locks” but I am concerned that he will become physical (which he has a couple times in the past) if I try to force him to leave. Everytime I try to talk calmly with him about seperation he freaks out and starts yelling at me. Is there anything at all that I can do just to get him out of the house so that me and my son can relax without all the tension?

Michele