Can my mother evict her husband and file for a restraining order at the same time?

My mothers husband is an alcoholic/ drug user and has a history of stalking and violence. It is for this reason that she is trapped in her marriage. The last time he was violent, police were called but told us that they couldn’t arrest him even though he had broke a minors nose and left strangle marks on the neck of my mother. We need to know how we can get rid of him while still ensuring the safety of the family.

Asked on August 30, 2011 North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  Your Mother needs to get an attorney as soon as possible if the police are unresponsive to her calls for aid.  They did not arrest him? Did they write any report at all?  These reports can help to support the need for a restraining order.  She does not need to evict him if she obtains a restraining order as once it is issued and served he will not be permitted to come near her (and probably the house or her place of employment).  But the police need to take the order seriously and with out some muscle behind her (the attorney) making sure of it I am not certain that it may help.  She also needs to file fr divorce asap. Good luck to you.

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