Maryland Protective Order Lawyer
A judge can grant a protective order in situations of domestic and family violence if they believe that there is abuse or harassment between two parties that are domestically related to each other. Under Maryland law, a protective order is a no-contact order that applies to parties who have a domestic or family relationship to each other. That could include relations like boyfriend/girlfriend, husband/wife, or blood relatives such as a father/son. When someone is the subject of a protective order, they will need to consult an experienced Maryland protective order lawyer to begin building a defense.
If you are the subject of a protective order, it is essential that you consult a knowledgeable domestic violence lawyer. You could be facing domestic violence charges or need to appear in court. It helps to have an attorney on your side to assist you and ensure that your rights are protected. They can review the evidence, challenge prosecutor’s statements, and determine the best course of action. It is critical that you attain legal representation during this process. There are severe penalties for domestic violence convictions and protective orders can impact pending cases.
- Types of Protective Orders
- Modifying a Protective Order
- Impact of a Civil Protective Order
- Importance of Following an Order
- Violating a Protective Order
Circumstances for No Contact Orders
Typically, protective orders are part of domestic violence cases and the subject could be under investigation. There are a variety of factors that could impact the protective order and the person needs to ensure that their rights are being protected.
A judge can grant a protective order when a person describes one or several incidents where the other party insulted, harassed, or threatened them and they have proof of that. The person can convince the judge that they need to have a protective order in place or the abuse could happen again. When they provide that information, the judge can grant a protective order. The judge has several options. The judge can stipulate that the respondent is not to have any contact with the petitioner, or they can order that the respondent is not allowed to go to the petitioner’s home or place of employment. A lot of restrictions can be put in place against the respondent when the judge feels a protective order is necessary.
Process to Issue Protective Orders
Obtaining a protective order is a multi-step process. Presently, a person can file for a protective order 24 hours a day, seven days a week. That is possible because a protective order can be issued by Commissioners who are on duty 24 hours a day, seven days a week. A person goes to a Commissioner and gets a temporary protective order. They could go to court Monday through Friday when the court is in session and request a protective order.
The first order a petitioner can receive is a temporary protective order that lasts for up to seven days. That is because a petitioner can get an order against somebody and that person would not even realize an order was issued against them. That is incredibly unusual in the court system. Usually, if something happens within the court system, both parties must be present for the court to make a ruling. With a temporary protective order, only the petitioner must appear. That is obviously a one-sided hearing; the only person that the Commissioner or a court hears from is the petitioner.
The court serves the protective order on the respondent so the petitioner must give the court or the commissioner information about the respondent, their address, place of employment, and places they might frequent so that a sheriff’s deputy can serve the respondent with a temporary protective order. Once the temporary order is served, a second hearing takes place where the respondent has a chance to be heard with the aid of their Maryland protective order lawyer. If the respondent wants to contest the order and have a hearing, they have that right. The respondent also has the opportunity to consent to the protective order.
Sometimes that is the best way to go because there is no finding of fact when the respondent consents. There is nothing in a court record to suggest that the respondent committed an assault, harassment, or made threats. If the person contests the temporary protective order and decides to have a hearing, at the end of the hearing, the court could make findings of fact that are quite detrimental against the respondent and could be used against them in a future hearing.
Hiring a Maryland Protective Order Lawyer
When someone is the subject of a protective order, there are several reasons why they should have a legal team. A Maryland protective order lawyer can assist them through this process if they are also part of a domestic violence case.
If you are the subject of a protective order, there are several factors that you need to consider. If you are facing domestic violence charges, a protective order could impact your case. A local attorney can ensure that your rights are protected, review any evidence, mitigate on your behalf, and answer any questions you may have about the process or charges.