Type of Case: 50B Domestic Violence Protective Order
Case Result: Voluntary Dismissal – 50B Dismissed
County: Guilford County
Our client’s wife filed a 50B, or a Domestic Violence Protective Order, against him. She alleged our client abused both her and her son. Her son was of a previous relationship and was also autistic. Our client and his wife also had a younger son together who’s custody schedule would come into question later in his case.
The husband explained to our family law team that the autistic son often had violent outbursts. And, because he was a teenager, it could be difficult to calm him down and keep him from hurting himself or others.
Because our client is undocumented and currently in the process of gaining United States citizenship, this could have had a significantly negative impact on the outcome of his citizenship. Additionally, his wife had also taken out criminal charges against him. So a 50B on his record could have hurt the outcome of those cases as well.
After speaking with him and listening to all of the facts, our team knew that they could fight for a dismissal by taking his case to trial.
Negotiating Successfully in Favor of Our Client
However, the biggest challenge our team faced was communicating and negotiating with opposing counsel to come to a resolution that was best for our client. Our team needed to think of a way that our client could get custody of his younger son even if the 50B was entered against him. We needed to get creative.
In the middle of the trial, negotiations started after the judge suggested the parties come to an agreement regarding the custody of the younger son that was born of the marriage between our client and the Plaintiff. Opposing counsel approached our team late in negotiations before resuming the trial and made one last offer, which included the voluntary dismissal of the case.
Our team was happy and relieved to present this outcome to our client. With the 50B dismissed, he could now move on with his life and put this behind him. Our client no longer has to worry about a 50B hanging over his head. He can fight the criminal charges with confidence and resume his citizenship application successfully.
Our family law team would advise clients in a similar position to fight for themselves if they truly believe the situation they are in is unjust. We are always happy to fight for the best interest of our clients, but we also understand that negotiation is an important step in that process.
Contact an Attorney Experienced in 50B Cases
If you’ve had a 50B unjustly taken out against you, contact an experienced family law attorney immediately. Preferably find an attorney who has the patience to negotiate and is willing to listen and evaluate all of the evidence.
To meet with an attorney in Winston-Salem, Greensboro, or High Point, contact us today!