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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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I have friend who is married in Charlotte, NC and her ...

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I have friend who is married in Charlotte, NC and her husband has been threatening her and abusing her children, she has sever hours of this on tape and plans to give it to her divorce attorney, her husband just found the recorder and will not give it back, she is now affraid for her and her children''s safegy, can she lock him out of the home and file a restraining order?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
In North Carolina in order to file for a restraining order, she would need to show that there is "domestic violence". In North Carolina, domestic violence is defined as:

Domestic violence in NC is when someone you have had a "personal relationship" with does any of the following to you or your minor child:

  • attempts to cause bodily injury, or intentionally causes bodily injury; 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.

If these events have occurred to her or her children, then yes she should file for the restraining order.

Once she obtains the restraining order, she would be able to force him out of the family home and lock him out.

If she is unable to get a restraining order, she will not be able to lock him unless she can press charges against him for a criminal offense.

She can obtain more information on what is required for a restraining order in North Carolina, access the forms and learn more about the process here.

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