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FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1503
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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Can I file a restraining order or drug abuse?

Customer Question

Can I file a restraining order for verbal or drug abuse?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAttorney replied 1 year ago.
Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues and contract law. I also have written articles on DUIs/DWIs/OUIs, process serving, employment law, Social Security law and on many other legal subjects. I answer questions on these topics as well as general legal questions and questions about negligence and other civil wrongs such as defamation and invasion of privacy. I look forward to helping you today.Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. By continuing, you confirm that you understand and agree to these terms.Can you tell me what the verbal abuse consisted of? What about the drug abuse?
Expert:  FamilyAttorney replied 1 year ago.
If you have a relationship with the person, such as a marriage, partnership, employment relationship, then you can get a restraining order for verbal abuse if you can prove that the verbal abuse is damaging to you. You have to prove that it's abuse, not just an occasional cross word here or there. In NC, there doesn't appear to be much about drug abuse as a restraining order, but as long as you're seeking one for verbal abuse, you may as well put that in the petition to the court. Then the court will either dismiss that part of the petition or allow that to continue along with the verbal abuse.Do you have any proof of the verbal abuse? Did someone hear it? Do you have a witness? Did you write it down in a journal? It's not absolutely necessary but it would help a lot. Do you have text messages from this person that are abusive? That would help too. Any notes left around by this person that are abusive? All of this will help. You'd have to explain to the court why you would need a restraining order for drug abuse, but if it's in your house and it's your house, or some other scenario such as it's interfering with your life or your children, then you may be able to get a restraining order based on that. One may be easier to get than the other one -- it depends on your situation and what evidence you have. Remember, you need evidence. You can testify to what is going on with the drugs and the verbal abuse but any tangible, written notes or texts will help. Any eyewitness accounts by friends or by someone else who observed either would help.Best of luck to you! Please let me know if you want any more information based on this question. I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished.Please accept my answer, rate my answer and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating.
Expert:  FamilyAttorney replied 1 year ago.
Does this answer your question or do you have additional information I need to know?If this answers your question, thanks in advance for the rating. I really appreciate it. Good luck!