Thank you, S.Do I have any rights in terms of him being allowed back home?
If the home is in his name, then he has a right to enter it, I am afraid. Now, you can
file in Court to ask him not to be there, but this would have to be under the following:Domestic Violence Protective Orders ("50B orders")
A domestic violence protective order (DVPO) is also called a restraining order, or a 50B. It is a paper which is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences.
However, you'd have to show that he has committed one or more of the following:
-attempts to cause bodily injury, or intentionally causes bodily injury to you; or
-places you or a member of your family or household in fear of imminent serious bodily injury;
-or conducts continued harassment
, that rises to such a level as to inflict substantial emotional distress; or
-commits any rape or sexual offense.NCGS § 50B
If so, then you can have the Court order him NOT to return to the home.Separation / Divorce
If you decide to file for separation or divorce, then as part of temporary orders, the Court may order him to leave the home (without the proof of abuse as above in simply a restraining 50-B restraining order). What if he decides to retaliate by calling 911 & saying that I am abusing him, does it again, etc?
Well, he can always attempt
to do so. However, unless he has actual proof, given his history, it is unlikely that the authorities are to take him seriously.We have a 17y.o. son with Down Syndrome at home. Do I have any options?
The very same applies with your child being there as well, so my answer stays as is.
An attorney is recommended. May I recommend the NC Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
I hope this helps and clarifies. Best of luck.
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