50B/Ex Parte


#1

My sister left her husband after years of mental abuse, threats, and finally, physical violence. She is afraid to have a 50B taken out on him because someone has told her that when served with the papers he will have to spend one night in jail and, because of that, lose his job. If he loses his job, she is extremely afraid of what he will do to her. My question is will he have to spend a night in jail? If not, is being served reason enough for an employer to fire someone? Another question: can she just report the abuse without taking out a 50B? She told her doctor when she was treated but did not report it to the police for the above reasons. Thank you for any help!


#2

If she has been abused and is in fear of him, she needs to pursue the 50B order. Serving him with the complaint will not result in him having to spend the night in jail, he will simply be served with the papers and will have the opportunity to defend himself at the hearing that takes place within 10 days. I cannot answer whether obtaining the 50B will have any impact on his employment, that is largely dependent on what his employment situation and is outside the scope of the forum.