Attorney: Samantha Smith
Type of Case: 50-B and Child Custody
Case Result: The 50-B was dismissed and our client was awarded temporary emergency custody.
County: Davidson County

A client had a 50-B, also known as a Domestic Violence Protective Order, taken out against him by the mother of his child. She had also filed for primary legal custody and physical custody of the child.


When the client approached us on the matter, attorney Samantha Smith didn’t have long to prepare for the hearing. She had to speak with the client quickly and efficiently to know how he wanted to move forward. She also made sure to explain all of his options to him. There was a language barrier as he spoke primarily Spanish, but our paralegal, Priscilla, translated all communication between them.

Temporary Emergency Custody Granted

On the day of court, the Plaintiff failed to appear. Upon learning this information, Samantha knew that she could get the 50-B dismissed and that there was a good chance her client would get to see his son again. It was a very gratifying feeling to know that after months of not being able to see his son, our client would reunite with him.

Due to failure to prosecute, attorney Samantha Smith was able to have to the 50-B dismissed and her client was awarded temporary emergency custody. The client no longer has to live in fear that there will be a valid 50-B in place against him. Most importantly, he has the opportunity to continue building a meaningful relationship with his young son.

50-Bs and Communication with the Opposing Party

Attorney Samantha Smith acknowledged that one thing that hinders many people in terms of a 50-B complaint is the tendency to want to communicate with that person. It is especially true when that person is the parent to their child that they have not been able to see for an extended period.

Most of the time, things can be resolved outside of court via communication between the attorneys. Whether this is the case or not, it is imperative to stay calm at all times and to not communicate with the opposing party.

Contact a North Carolina Family Law Attorney Today

Our family law attorneys understand the stress a family matter can bring. Don’t feel obligated to handle a 50B or emergency custody case on your own. Contact us today to meet with an attorney who will guide you through the North Carolina court system.