My wife took out a 50b and said I was abusing my daughter but it was dropped. What should I do now to stop this?

Asked in Rutherfordton, NC on April 11, 2026 Last answered on September 1, 2026

We have been split for 10 years. My daughter had nothing to do with her, and she said I was sexually abusing my daughter. It was dropped at the 10-day hearing. She's going to do something again. I know she's mad as heck. What can I do to keep my daughter and me from being put through this again?

1 answer

Angela W. McIlveen
Answered by:

Angela W. McIlveen

Gastonia, NC
McIlveen Family Law Firm 704-368-2924
Virtual Appointments
Answer

If the 50B was dismissed or denied, the first thing I would do is obtain and keep a complete copy of the complaint, any temporary order, and the final dismissal or order from the court.

If the allegations involved abuse of your daughter and there is an ongoing custody case, you should discuss the situation with a North Carolina family law attorney. Custody decisions are based on the best interests of the child, and the court may consider all relevant circumstances surrounding allegations of domestic violence or child abuse.

There is no simple way to prevent someone from filing another 50B if that person claims new acts of domestic violence have occurred. However, if there is a pattern of knowingly false or improperly motivated court filings, your attorney can evaluate whether additional relief may be appropriate, including whether the conduct should be addressed in the custody case or whether sanctions may be available under Rule 11.

I would also be very careful about direct communication with your wife concerning the allegations. Keep communications appropriate and preferably in writing, preserve texts, emails, court documents, medical or school records that may be relevant, and follow every existing custody or protective order exactly.

Most importantly, have an attorney review why the 50B was “dropped.” A voluntary dismissal is different from a judge hearing the evidence and finding that grounds for a domestic violence protective order were not proven, and that distinction can matter in deciding what to do next.

September 1, 2026

Don't see what you are looking for? Ask a Super Lawyers Selectee - it's free!

Submit a question and get answers for free from a Super Lawyers Selectee.

Ask a question
Disclaimer

The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.

Page Generated: 0.039237976074219 sec