Type of Case: 50B – Domestic Violence Protective Order
Case Result: Dismissed by the court, without prejudice.
County: Forsyth County
When it comes to defending yourself against a 50B allegation in Forsyth County, going the DIY route is likely not in your best interest. Learn how our Dummit Fradin family law attorney recently helped a client fight a false allegation with hard facts and logic.
Vague and Nonspecific Allegations
A client approached our firm because he was concerned about a 50B, also known as a Domestic Violence Protective Order, that had been taken out against him. In the 50B, our client’s ex alleged vague and nonspecific allegations following their toxic breakup.
While a 50B is a civil procedure, these cases can quickly become criminal cases if the accused violates the 50B. A violation can result in possible job loss, jail time, and a permanent black mark on one’s record. Given the hostility under which the ex-partner took out the 50B, our client was understandably very anxious about this allegation hanging over his head.
Thankfully, the client reached out to our firm, and our attorney quickly prepared him for the return hearing. As with most cases, however, our team tries to work things out with the opposing party and opposing counsel to avoid our clients an extended court case. Unfortunately, the opposing party and their father were very aggressive towards our attorney and were unwilling to negotiate a consent order.
Filing a Motion to Dismiss
Our attorney had no choice but to file a motion and answer with the court. In her pages-long motion, she clearly laid out her argument using her detailed knowledge of family law. When it came time to present her motion to the court, the judge instructed everyone to sit while he read through the motion in its entirety. That was a good sign.
In the end, the judge granted her motion to dismiss. Our client walked out of that courtroom free from fear and apprehension. He was finally allowed to move forward with his life.
When asked what advice she’d give to others in a similar situation, our family law attorney said,
“Hire an attorney ASAP. If someone didn’t ask the court to follow the law and direct the court’s attention to the controlling statutes, both parties would have attempted to tell the court nonrelevant, damaging, inflammatory facts that would likely had resulted in a bad result for all.”
Facing a 50B Allegation in Forsyth County?
If you’re up against an unjust 50B allegation in Forsyth County, don’t risk walking into the courtroom alone. Meet with an experienced family law attorney who will guide you through the process with a level head. Contact us today to discuss your options.