QUESTION
How do I go back to my house after being issued a restraining order?
Asked on Sep 28th, 2014 on Divorce - North Carolina
More details to this question:
My wife came home with a hickey after staying out for 2 days. She had me locked up. While I was locked up she got a restraining order so I can't go back to the house that is in my name. And now she has the other person in my house. What steps do I need to take to get them out so I can go back to my house and what are steps for filing for divorce since she had relationship outside our marriage?
1 ANSWER
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It depends on whether the restraining order is a civil Domestic Violence Protection Order or if it is a criminal no contact order that was issued because of a criminal charge of assault on a female. If it is a civil order, then you will have a chance to go to court for trial within 10 days and can present your issues to the judge at that time. If it is a criminal no contact order, then you will need to get into regular family court in order to get anything done. As for the divorce issues, you would need to start a lawsuit for equitable distribution. As part of that you can file a motion for interim distribution and ask that the house be distributed to you in the short term. All of this depends on some of the details of the situation. You have a tough situation and should contact an attorney immediately before it gets worse.
Answered on Sep 30th, 2014 at 9:17 AM