Filing Domestic Violence Order

Summary

Certain factors can limit filing a domestic violence protective order in North Carolina, such as the relationship with the abuser and recent acts of abuse. Emotional abuse can be challenging to prove, but therapist notes and recordings may help. Inheritance is typically separate property unless used for marital expenses. Hidden marital assets, including retirement accounts, can be subject to equitable distribution. Consult a local attorney for personalized advice.

Full Conversation

Is there anything that would keep a person from being able to file a domestic violence protective order?
Hello ****, some factors may limit the ability to file a domestic violence protective order:
- If the person doesn't have a specific relationship with the abuser
- If there's no recent act of abuse
- If the person is under *, they may need a guardian to file.
Could you specify your location to provide more accurate information?
Stony Point, North Carolina
Hello ****, in North Carolina:
- The parties must be of opposite sex and current or former household members.
- The victim must have suffered physical injury, or attempted physical injury.
- A minor's parent, guardian, or custodian can file on their behalf.
Ensure to consult with a local attorney for more specific advice.
So I want to get a lawyer to file our divorce. But he does not want any lawyers involved at all in our divorce. So I've been waiting 16 months. I have to get out of here I am done with this stupid marriage. And the last time I brought up getting a lawyer he threw a plate and a TV tray. He won't hit me but he'll get within inches of my face and be as emotionally abusive as he can be without putting any marks on me.
I'm sorry to hear about your situation, ****. In North Carolina, you have the right to file for divorce and seek an attorney, regardless of your spouse's approval. You can also consider filing a domestic violence protective order due to the emotional abuse. Consult a local attorney for assistance.
But do you have to prove emotional abuse? I've been seeing a therapist for a year and I tell her about it all the time but as far as any proof all I have is what I say. Which is the truth but still...
In North Carolina, proving emotional abuse could be challenging as it's subjective. However, your therapist's notes could potentially serve as evidence. You might also consider:
- Documenting incidents, dates, and details
- Witnesses
- Emails, texts, or voicemails showing the abuse
Consult a local attorney for guidance.
See he's really smart. He won't leave any kind of evidence. But I'm going to start bringing this up more so I will document things. I actually have some of the abuse on a voice recorder that's on my phone? Can that be used for evidence?
In North Carolina, one party consent is generally enough to record conversations. Hence, recordings can be used as evidence. However, laws can vary, so consult with a local attorney to ensure legality and admissibility of such evidence.
But does that mean that he has to approve it?
No, ****. In North Carolina, only one party needs to consent to the recording. So, you do not need his approval to record conversations for evidence. Please consult with your attorney for further clarification.
I have other questions is that okay?
Of course, ****. You're welcome to ask as many questions as you need. How can I further assist you with your legal issue?
When he got the inheritance from his dad I begged him to get a joint account with me because before we'd never had money to really even have an account. And he refused. Would that have any bearing on my getting money from the inheritance retirement?
In North Carolina, inheritance is typically considered separate property, not marital. So, if he didn't put it into a joint account or commingle it with marital funds, it may remain his separate property in a divorce. However, consult your attorney for specifics.
I bet he did that on purpose. Because he knew that if he put it into a joint account I would be entitled to half of it. He has used some of it for house repairs, would that make any difference?
In North Carolina, if inheritance is used for marital expenses, it might be considered marital property. This includes things like home repairs. However, this can be complex, so consult with your attorney.
So if I go to a lawyer And I hire a forensic accountant and they find hidden accounts would I then be entitled to anything from the retirement.
In North Carolina, if hidden marital assets, including retirement accounts, are discovered, they could be subject to equitable distribution in a divorce. However, this process can be complex and requires professional guidance. Please consult with your attorney.
I know that he has the retirement account but I only know what he has told me is in that account.
If you suspect that there might be more in the retirement account than he's disclosed, a forensic accountant can help uncover the truth. In North Carolina, all marital assets, including retirement accounts, are subject to equitable distribution in a divorce. Please consult with your attorney for more detailed advice.