What is a 50-B restraining order?
If you have been accused of domestic violence, a restraining order known as a 50-B protective or restraining order has likely been filed against you.
In a nutshell, a 50-B protective or restraining order is an order signed by a judge prohibiting certain contact with a spouse, ex-spouse, boyfriend, girlfriend or family member. It even includes “dating” relationships, so one date may get you into 50B court. It may or may not be issued in conjunction with other criminal charges like assault, battery or trespass.
Potential consequences of a protective order
Along with possibly prohibiting ANY contact with another individual, the judge may also:
- Order you to provide monetary support to the victim
- Modify current child custody and child visitation rights, including prohibiting all visitation or requiring costly and burdensome visitation that is supervised by third parties
- Require you to pay insurance and other utilities for the victim
- Evict you and give possession of the home to the victim
- Give possession of vehicles to the victim
- Impose a ban against you being present in certain areas such as neighborhoods, work places, recreational facilities and even churches
- Refer cases involving potential child abuse to law enforcement for investigation and possible prosecution
- Force you to go to an intense, lengthy & costly batterers program
- Confiscate your existing firearms and prohibit you from purchasing or possessing additional firearms, including hunting and home defense weapons
Consequences for violating protective orders
If you violate any of the provisions of a 50-B protective order, you can be criminally charged with Contempt, arrested and put in jail. The penalty for violating the Order could result in jail even if you have no prior record.
Deportation risk for non-citizens
If you are an alien and not a United States citizen, you could face a risk of deportation as the Immigrations and Customs Enforcement (ICE) considers even the most minor of Domestic Violence criminal offenses to be a “crime of moral turpitude.”
Reaching out to an experienced criminal defense lawyer with knowledge defending against protective orders is extremely important.
Experienced defense for both men and women
At our firm, founding attorney Ron Shook has experience defending against all types of domestic violence matters filed against both males and females.
In some situations, individuals were acting in self-defense. In other cases, they are accused of fabricating the charges. Regardless of your situation, our team will advocate for you during the 50-B proceeding and fight for your rights.
Let us help
Call our office today at 704-671-2390 or email our Gastonia office to schedule a consult.
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