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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87776
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband trid to commit suicide last week. He took an overdose

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My husband trid to commit suicide last week. He took an overdose of insulin. He is a Pharmacist. Consequently, he had to undergo an involuntary commitment for a psych evaluation through the hospital. He admitted (during a family meeting) that he did it to partially commit suicide & partially get back at me, "to make a statement". He has been cooperative & compliant while in the behavioral health facility.

I just found out a few minutes ago that he is going to be discharged tomorrow. Their assumption is that the Police will bring him back home. Do I have any rights in terms of him being allowed back home? What if he decides to retaliate by calling 911 & saying that I am abusing him, does it again, etc? We have a 17y.o. son with Down Syndrome at home. Do I have any options?
Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) What state is this in?
2) Whose name is XXXXX XXXXX in - yours, his, or both of yours?
3) Do you wish to file for legal separation or divorce, or only if you have to, to keep him from coming home?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

1.) We are in North Carolina


 


2.) The house is in both our names


 


3.) Only if I have to right now, but in the not so far future

Expert:  Ely replied 1 year ago.
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.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87776
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hi Ely.


I have one more question.


I live in N Carolina.


Husband came home from hospital, Tue. Stayed at home overnight.


Wed. afternoon- left. Stated where he was going and would be back Thurs.


Thurs.- No return, no contact.


Today is Fri. Have not heard from him.


How long must a person stay away from home for it to be considered abandonment?

Expert:  Ely replied 1 year ago.
S,

How long must a person stay away from home for it to be considered abandonment?

There is no "abandonment" of a home. So he can leave and come back as he wants.

If you mean abandonment fault for divorce purposes, abandonment occurs when a spouse brings cohabitation to an end without justification, without the consent of the other spouse, and without the intent of renewing cohabitation. However, one does not need the fault to file for divorce.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

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