Attorney: Dylan W. Greenwood
Case Result: Dismissed by Court Pursuant to 12(b)(6) Motion
Our client was a minor accused of harassing another minor at school. This is not the typical way a 50-C No Contact Order is used, or even meant to be used in the law. These No Contact Orders are important pieces of protection for victims of continued stalking, harassment, or non-consensual sexual contact. We do not recommend using 50-C No Contact Orders for things that happen at a school — unless they truly meet the standards for one.
50-C No Contact Orders, just like other matters in the law, require a party to prove certain individual elements. Each of these elements have to be proven by a certain level of proof. Certain circumstances in civil cases warrant a dismissal before a case even gets to trial. Experienced attorneys know how to present these motions before a Court. In this case, the plaintiff tried to bring a 50-C No Contact Order against our client, who by statute, was not old enough to be legally liable. The Court heard testimony by our minor client regarding her age and date of birth. We presented the law and why the case should be dismissed.
Attorney Dylan W. Greenwood successfully demonstrated that there was no way under the law that the plaintiff could present a case that conformed with the 50-C — No Contact Order statute. The Court dismissed the case.