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Maryland Protective Order Lawyer

Protective orders are civil orders issued buy a judge in Maryland. The judge, if he finds evidence of abuse May order that the respondent refrain from committing certain acts against the petitioner. If you are a petitioner or respondent and you need a Maryland protective order lawyer, contact the Law Offices of Randolph Rice today for immediate legal help.

Who is a Petitioner?family law book Maryland

A petitioner in a Maryland protective order is the individual who files the initial petition for protective order and is asking for relief from the court. A petitioner should hire a lawyer to represent their interests before the Court when seeking a final protective order.

Who is a Respondent?

In 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.

Do I Qualify for a Maryland Protective Order?

If you’re filing a petition for protective order for yourself and any one of these conditions apply, then you are eligible for a protective order in:

If you fall into any of these above categories, you are eligible to file for a protective order. If you did not qualify as one of these conditions above then you would file for a peace order. Click here to read more about peace orders in Maryland.

Can I file a protective order for a minor child?Maryland protective order lawyer

A minor child is a person under the age of 18 years. You may file a protective order for a minor child if any one of these conditions applies:

What do I have to prove to receive a protective order in Maryland?

A petitioner must prove by a preponderance of the evidence that “abuse” has occurred by the responded. Abuse is defined under Maryland Family Law 4-501 as:

How do I file a protective order in Maryland?

To file a protective order in Maryland, an individual is directed to visit any one of the District Court location. If the district court is closed, then the petitioner must see a commissioner. If a commissioner finds that there are “reasonable grounds” to believe that the respondent has abused the petitioner, the commissioner may issue an interim protective order.

If the commissioner grants the petitioner an interim protective order, the petitioner is required to return to the courthouse on the next business day to present the facts for the protective order to a District Court Judge.

Temporary Protective Order Hearing in MarylandMaryland protective order blue

If an individual is seeking a protective order during business hours for a District Court, after completing the paperwork the petitioner will have to appear before a District Court judge. The petitioner will present the facts for the petition before the district court judge and if the judge finds there are reasonable grounds to believe that the petitioner has been abused, the judge made an enter a temporary protective order.

What can the Judge order in a temporary protective order?

There are various conditions that a judge may order after the temporary protective order hearing. Those include:

What happens after the temporary protective order hearing?

If the judge finds reasonable grounds to issue a temporary protective order, the clerk’s office will schedule a final protective order hearing within 7 days. The clerk will then forward the temporary protective order to the police department in the jurisdiction where they respondent lives. The police will attempt to serve the respondent with the temporary protective order.

If the police are unable to serve the respondent before the final protective order hearing within 7 days, the judge will extend the next hearing for an additional seven days to allow service on the respondent. The police department or law enforcement agency will continue to attempt to serve the responded with a temporary protective order.

What happens when the 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.

Final protective order hearingMD protective order

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?

According to Maryland Family Law 4-506, a Judge can order the following conditions in a final protective order:

Consenting to a 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 a protective order last?calendar

In Maryland, 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

What happens if a protective order is violated?

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.

Can I expunge a protective order?

No, 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.

Shielding a Maryland Protective OrderMaryland final protective order

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.

Maryland protective order lawyer

If you are the petitioner or responded for a protective order in Maryland, it is advisable that you hire an experienced Maryland 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 Maryland.