Case Result: Order Not Granted
Our client was served with a Domestic Violence Protective order from his recently estranged wife. Several days after the couple parted way, the wife of our client filed a 50-B protective order in which she alleged a sexual assault weeks earlier between the spouses during a sexual encounter; as well as verbal and emotional harassment and financial harm. Our client retained the services of Greenwood Law, and we decided to use the text messages, receipts, and other paperwork from that time period to show that communication between the two parties showed no signs of imminent fear or harm on the part of the Plaintiff. We deposed the Plaintiff and used all three of the Plaintiff’s sworn statements to show inconsistencies in the Plaintiff’s accounts and challenge the credibility of the Plaintiff.
In a 50-B trial, the Plaintiff must show by a preponderance of the evidence that an act of domestic violence occurred and has resulted in fear of the Defendant. Over the course of a lengthy trial, we successfully challenged the Plaintiff’s motive and credibility, and showed the court that her actions were not the actions of a person living in abject fear as she claims in her complaint. Because of this compelling evidence and litigation, the Court ruled that it could not believe the Plaintiff was in fear of the Defendant because of the Plaintiff’s subsequent actions. The judge denied the Plaintiff’s complaint for a 50-B.