Dear Carolyn:
How do I get the judge to dismiss my ex parte order because my husband will complete a cognitive behavioral therapy class on Sept 12 and I am ready for him to come home? We can’t work on any of our other issues without communication, and we want to go to marriage counseling and talk to our preacher.
Carolyn Answers:
I have to make the assumption you are asking about an ex parte domestic violence order (50B). An ex-parte domestic violence order of protection is typically only good for 10 days, and then the ex-parte order expires. The best thing to do is to keep the court date on the notice of hearing that accompanies the 50B ex-parte order. When you get to the hearing, advise the judge that you wish to have your case dismissed. Assuming the allegations are minor, the judge will most likely accept your request to dismiss.
If you do not show up for the hearing, the judge will likely dismiss the ex parte order, but that is not my recommended approach for dealing with the courts. I question how successful cognitive behavioral therapy will be in such a short time. Family Service of the Piedmont has a weekly Domestic Violence Intervention course that lasts six months. At least six months is the recommended time frame for behavior alteration.
Dear Carolyn:
Can you tell me the difference between a 50C and a Rule 65? I was granted temporary relief from my stalker when I filed for the 50C. However, her lawyer wants me to drop the 50C and accept Rule 65, which seems to grant the same protections. However, I have a strong case for a 50C because she was charged with a gun crime. Should I insist on the 50C or take Rule 65?
Carolyn Answers:
A 50C is a no-contact order between third parties not in a romantic relationship, whereas 50Bs are reserved for family and romantic relationships. A violation of a 50C is criminal contempt, which means the judge can impose on the offender a reprimand, prison time, a fine or a combination of the three.
Rule 65 is a North Carolina Civil Procedure rule for a civil restraining order. Ordinarily, Rule 65 restraining orders are not filed in 50C cases and require the opening of a separate court file to be valid. Therefore, you need to be careful that the solution suggested for Rule 65 is correct. I would have to know more. A violation of Rule 65 restraining order has the possibility of either civil or criminal contempt. The civil contempt would allow you to obtain attorney fees for violations.
Send your questions on family law and divorce matters to “Ask Carolyn…” at askcarolyn@rhinotimes.com, or P.O. Box 9023, Greensboro, NC 27427. Please do not put identifying information in your questions. Note that the answers in “Ask Carolyn” are intended to provide general legal information, and the answers are not specific legal advice for your situation. The column also uses hypothetical questions. A subtle fact in your unique case may determine the legal advice you need in your individual case. Also, please note that you are not creating an attorney-client relationship with Carolyn J. Woodruff by writing or having your question answered by “Ask Carolyn…”
