What is a 50B Domestic Violence Protective Order? Put simply, it is a court order, punishable by jail time if violated, that can keep you or your family safe from dangerous persons that have demonstrated that they mean to harm or harass you. These types of protective orders are commonly used against former spouses, former dating partners, and family members. Whether you are in a situation in which you might need one, or whether you have been summoned to the court to defend yourself against one, it is important to know what a 50B domestic violence protective order is, and what circumstances would merit such an order.
Requirements for Receiving a 50B Domestic Violence Protective Order
There are two key requirements to receiving a 50B domestic violence protective order against another: First, at least one act of domestic violence; and two, a personal relationship. Domestic violence protective orders, as one can imagine, require an act of domestic violence against a person with whom the aggressor has a personal relationship. These acts of violence include intentionally or attempting to cause bodily injury, as well as placing the person, or a member of the person’s family or household, in fear of imminent serious bodily injury or continued harassment that inflicts substantial emotional distress. There must also be a personal relationship between the parties. Courts look whether any of the following situations are present with the parties: current or former spouses; persons of the opposite sex who live or have lived together; are related; have a child in common; are current or former household members; or are persons of the opposite sex who are in a dating relationship or have been in a dating relationship.
Let’s look at a scenario: both requirements mentioned above are met, and the victim wants to seek a protective order. What next? Filing is necessary. No court costs are associated with the filing, issuance, registration, or service of protective orders or petitions for such orders, but the person seeking the order will need to provide a summons, complaint, and notice of hearing.
Emergency Relief and Ex Parte Orders
In the event of an emergency where there is a danger of serious and immediate harm, the court may hold an emergency hearing after five days from the date of service on the other party if the facts of the situation merit it. Alternatively, an ex parte order, an order entered without the other party being present, may be entered if it appears from specific facts showing that there is a danger of acts of domestic violence, and the court deems the order necessary to protect the aggrieved party from acts of domestic violence. Absent an emergency relief or ex parte order, a basic filing for a domestic violence protective order will provide the defendant with ten days to answer from the date of service. The parties will each have the opportunity to present evidence and ask questions at the hearing, and the judge will then enter an order either granting or denying the protective order.
If you or someone you know requires a 50B domestic violence protective order, it is important to act quickly and seek legal assistance. At King Law Offices, we understand the sensitive and urgent nature of these situations and are here to help. Our experienced attorneys can guide you through the process of filing for a protective order or defending against one. We are committed to protecting the safety and well-being of our clients and their families. Contact King Law Offices today at (888)-748-KING.