Hi Erin ,
I’m trying to help a friend out, so let me give you the scenerio to see if you can help answer some questions:
Husband is legally separated, they have 2 minor kids
Wife has temporary custody with Husband getting them every other weekend
Wife agreed to do pick-up’s and drop’s off’s of kids at Husband’s residence (marital home)
Husband got filed a 50-b yesterday saying he was stalking wife for taking ONE picture of her & her boyfriend at a church yardsale (public event & parking lot)
Husband’s attny is telling him that he MUST exchange kids this weekend in a public place due to the 50-b, NO OTHER exceptions (OR choose NOT to get the kids this weekend)
They go to court on Monday for the 50-b charge (Husband only got 1 business day’s notice to be in court)
Just because Wife filed a 50-b, does that mean Husband is considered GUILTY until proven innocent??? I thought that’s why they go to court…for the judge to decide the validity of the 50-b claim??
If that is NOT the case, then ANYbody can file a 50-b on just whomever they choose…and they will be considered “guilty” until court. THAT does not make SENSE if that’s the law!!
Please share your input. Thanks so much for your valuable service.