My friend and her husband resided in VA. He was arrested and is currently awaiting bail in VA. He has two charges one of which is a felony. She has a protective order, but it ends in a few days. She has relocated with her children to be with her family as he was the sole provider and there is no money to provide for the children. What actions as a former, but not current NC resident take to get a protection order? File for divorce? Request custody of the children?
In order to file for a domestic violence protective order in North Carolina, the person filing must live in North Carolina.
In order to file for an absolute divorce in North Carolina, the person filing must have resided in North Carolina for at least six months (among other requirements).
Generally, in order to file for child custody in North Carolina, North Carolina must be the home state for the children whom are the subject of the custody action. A child’s home state is the state in which he or she has lived for the last six months.