Though you do not have to have an attorney to proceed with your Motion for 50B Domestic Violence Protective Order, it may prove beneficial to have an experienced attorney who has represented other victims going through the same or similar experience as you. Court can be intimidating, particularly when you are faced with the daunting reality of facing your abuser in open court at you "10-day" hearing. You may become nervous or scared and an experienced and reliable attorney can often help calm your fears and put your mind at ease. You are doing the right thing! Though many attorneys offer their services at a reduced rate when representing victims of domestic violence, if the cost is still prohibitive, you may qualify for assistance from Legal Services. You should also remember that should you decided to hire a private attorney, he or she can request attorney's fees from the batterer in your court case.
If the following circumstances arise in your case, you should not hesitate to hire an attorney:
1. The abuser shows up to court with an attorney (If this happens you can ask the judge to postpone your hearing (a "continuance") and to extend your emergency Ex Parte 50B Order until the new hearing so that you can hire your own attorney or obtain one through Legal Aid
2. Where the evidence is too complex for you (i.e. using medical records or statements in medical records)
3. Where testimony of a doctor or other expert physician is required
4. Where the last incident(s) of physical abuse were over a year ago
5. Where the only, or only recent, domestic violence was a threat
6. Where you can not speak well for yourself, perhaps just because you have been so intimidated from the abuse or you can not speak English well
7. Where there are issues regarding child sexual abuse
When you know you are going to request an attorney, you should still try to obtain your
emergency Ex Parte 50B Order first and then contact an attorney or Legal Services with your "10-day" hearing date. Either way, remember that time is of the essence and the sooner you hire an attorney, the more time he or she will have to adequately prepare for your case.
