Protective orders are civil orders issued by a judge in Baltimore, Maryland. The judge, if he finds evidence of abuse may order that the respondent refrains from committing certain acts against the petitioner. If you are a petitioner or respondent and you need a Baltimore protective order lawyer, contact Rice, Murtha & Psoras today for immediate legal help.
If You Violated a Protective Order in Baltimore
If after being served with an interim or temporary protective order and the respondent violates any of the conditions of the order, it may result in criminal prosecution and prison as well as a fine. In addition, a temporary protective order and final protective order issued, and if violated, may result in a finding of contempt by the ordering judge.
Pursuant to Family Law 4-509, if a person fails to comply with an interim protective order, temporary protective order, or final protective order then they can be found guilty of a misdemeanor and sentenced to 90 days in jail and or a $1,000 fine for a first offense.
If an individual violates a protective order for a second or subsequent time, that individual can face up to a year in jail and or a $2,500 fine. For the purposes of enhanced penalties, the court and State may use prior convictions for violating a peace order as well as a protective order.
Expunging a Protective Order from Your Record
Expungement of a protective order is not allowed by law since the expungement rules only apply to criminal cases and protective orders are classified as a civil matter. However, you may be eligible to Shield a final protective order or temporary protective order from public view. Shielding means removing the record from public view as well as the Maryland judiciary website.
If a protective order was denied or dismissed at any stage of the process including interim, temporary or final protective order stage the petitioner or respondent may file a written request to Shield all court records relating to the protective order.
If the respondent consented to the final protective order then a request may be made to Shield those records from public view. A request for shielding may not be filed within three (3) years after the denial or dismissal as well as a consent entry of the protective order unless the person requesting the shielding files a general waiver and release with the court.
Who is a Respondent in a Protective Order?
In Baltimore, Maryland, a respondent for a protective order is the individual that has alleged to have committed a prohibited Act and the individual that the petitioner is asking for protection from.
What Happens When a Respondent is Served with the Temporary Protective Order?
Once the responded is served with the temporary protective order, the conditions of that order are binding upon the respondent. That means, that whatever the judge ordered and the temporary protective order, the respondent must comply with that order. The temporary protective order also directs the respondent to appear for the final protective order hearing.
A Final Protective Order Hearing in Baltimore
After the respondent has been served with the temporary protective order, he or she is ordered to appear at a final protective order hearing. At that final protective order hearing, the petitioner and respondent are allowed to present they’re evidence.
The petitioner must present sufficient evidence for a judge to find by a preponderance of the evidence that the alleged abuse occurred, or the respondent May consent to the entry of a protective order.
What Can a Judge Order in a Final Protective Order in Baltimore County?
According to Maryland Family Law 4-506, a Judge can order the following conditions in a final protective order:
- Order the respondent to refrain from abusing or threatening to abuse any person eligible for relief;
- Order the respondent to refrain from contacting, attempting to contact, or harassing any person eligible for relief;
- Order the respondent to refrain from entering the residence of any person eligible for relief;
- Where the person eligible for relief and the respondent are residing together at the time of the abuse, order the respondent to vacate the home immediately and award temporary use and possession of the home to the person eligible for relief or, in the case of alleged abuse of a child or alleged abuse of a vulnerable adult, award temporary use and possession of the home to an adult living in the home, provided that the court may not grant an order to vacate and award temporary use and possession of the home to a nonspouse person eligible for relief unless the name of the person eligible for relief appears on the lease or deed to the home or the person eligible for relief has shared the home with the respondent for a period of at least 90 days within 1 year before the filing of the petition;
- Order the respondent to remain away from the place of employment, school, or temporary residence of a person eligible for relief or home of other family members;
- Order the respondent to remain away from a child care provider of a person eligible for relief while a child of the person is in the care of the child care provider;
- Award temporary custody of a minor child of the respondent and a person eligible for relief;
- Establish temporary visitation with a minor child of the respondent and a person eligible for relief on a basis which gives primary consideration to the welfare of the minor child and the safety of any other person eligible for relief. If the court finds that the safety of a person eligible for relief will be jeopardized by unsupervised or unrestricted visitation, the court shall condition or restrict visitation as to time, place, duration, or supervision, or deny visitation entirely, as needed to guard the safety of any person eligible for relief;
- Award emergency family maintenance as necessary to support any person eligible for relief to whom the respondent has a duty of support under this article, including an immediate and continuing withholding order on all earnings of the respondent in the amount of the ordered emergency family maintenance in accordance with the procedures specified in Title 10, Subtitle 1, Part III of this article;
- Award temporary use and possession of a vehicle jointly owned by the respondent and a person eligible for relief to the person eligible for relief if necessary for the employment of the person eligible for relief or for the care of a minor child of the respondent or a person eligible for relief;
- Except when a protective order is issued for a person eligible for relief described in § 4–501(m)(7) of this subtitle, direct the respondent or any or all of the persons eligible for relief to participate in professionally supervised counseling or a domestic violence program;
- Order the respondent to pay filing fees and costs of a proceeding under this subtitle;
- Award temporary possession of any pet of the person eligible for relief or the respondent; or
- Order any other relief that the judge determines is necessary to protect a person eligible for relief from abuse.
Consenting to the Protective Order
When the respondent appears for the final protective order hearing, he or she may elect to consent to the order. This means that the respondent is not admitting fault and the judge is not finding facts but merely the respondent is willing to enter into a final protective order.
How Long Does the Protective Order Last in Baltimore?
In Baltimore, a final protective order may be granted by the judge for as long as one (1) year. The judge may also grant an extension of the final protective order for the additional six months after a further hearing during the period of the protective order.
A judge may also order a final protective order granted for as long as two (2) years if the same person eligible for relief previously obtained a protective order against the same responded and the prior ordered lasted for at least 6 months and within the one year of the expiration of the order the responded committed an act of abuse against the petitioner or the respondent consented to the order
If You Have a Protective Order Filed Against You or if You Violated a Protective Order in Baltimore, Our Lawyers Can Help
If you are the petitioner or responded for a protective order in Maryland, it is advisable that you hire an experienced Baltimore protective order lawyer today. The collateral consequences of a protective order in Maryland can affect your employment, your ability to obtain a license or your right to possess or own a firearm. Protective order lawyer contact him today at 410-2882 discuss your protective order needs in Baltimore, MD.