While Maryland doesn’t have restraining orders, it has Peace and Protective Orders. These Orders require that a individual to stay away from another and/or refrain from specific actions. Peace Orders are a legal mechanism designed to protect individuals from abuse, harassment, and other threatening behaviors in non-familial and non-sexual relationships. Protective Orders are similar but govern familiar and sexual relationships between the parties.
If you’ve been served with a Peace Order, it’s essential to contact a skilled Peace Order defense lawyer in Maryland. A Peace Order, if passed, could prevent you from seeing certain people and visiting specific places. Our knowledgeable team at Jezic & Moyse can help advocate for your rights and interests.
Understanding Peace Orders in Maryland
A Peace Order is a court order that requires one person, known as the Respondent, to stay away from another individual and refrain from specific actions. These orders apply to all non-familial and non-sexual relationships, such as a relationship with a neighbor, coworker, or stranger.
The person who alleges abuse, known as the Petitioner, may file for a Peace Order if they have experienced abuse, harassment, trespassing, stalking, or malicious destruction or property. They may also request one on the grounds of misuse of telephone or electronic communication, revenge porn, or visual surveillance.
The Peace Order Process
To file for a Peace Order, the petitioner must complete the Petition for Peace Order (DC-PO-001) and may also file a Peace Order Addendum (CC-DC-PO-001A), and Peace Order Supplement (DC-PO-1S). These forms are available online and with local court clerks and commissioners.
Once the individual fills out the Peace Order, they must file it with the District Court or the District Court Commissioner’s Office. After filing, the Court or Commissioner will take testimony and may grant the Peace Order.
Types of Peace Orders
There are three types of Peace Orders: Interim, Temporary, and Final.
The first, called an Interim Peace Order, is active for the shortest period of time. When the petitioner goes to a District Court Commissioner due to court closure or other reason, they’ll receive an Interim Peace Order, which remains in effect until the Temporary Hearing. The hearing is usually held on the next business day.
At the Temporary Hearing, the court may issue a Temporary Protective Order. These remain in effect until the Final Peace Order hearing, which typically occurs a week after the temporary hearing. If the Petitioner goes to the court to file their petition, this will be the first Protective Order they receive.
Both parties will be present at the Final Peace Order Hearing. If the court believes that the alleged abuse occurred beyond the preponderance of the evidence, it may grant a Final Peace Order. The final Peace Order may be in effect for up to six months.
If you’ve been served with a Peace Order, it’s crucial to attend these hearings with a skilled Peace Order attorney. Your attorney can help you understand the legal process, prepare a strong defense strategy, and ensure that your rights are protected.
Defense Strategies for Peace Orders
Defending against a Peace Order can involve multiple components to create a well-rounded strategy. Possible strategies include:
- Lack of evidence: If there is insufficient evidence to support the petitioner’s allegations, you may use that lack of evidence as part of your defense strategy.
- False allegations: If you believe that the allegations against you are false, you may present evidence to support your claim and demonstrate that the petitioner’s accusations are unfounded.
- Self-defense: If you can show that your actions were taken in self-defense or in response to a genuine threat, it can be a strong part of your defense strategy.
- Misunderstanding or misinterpretation: In some instances, misunderstanding or misinterpretation may apply. You may argue that the petitioner misinterpreted your actions and that you had no intent of causing harm or distress.
- Challenging the petitioner’s credibility: If there are inconsistencies or contradictions in the petitioner’s statements, you may challenge their credibility by presenting evidence that undermines their reliability as a witness.
Not all strategies will apply to every case. A skilled Maryland Peace Order attorney can help determine which strategies may apply to your case.
Why Hire a Maryland Peace Order Lawyer
If you’ve been served with a Peace Order, enlisting help from a skilled Maryland Peace Order attorney is crucial. Our skilled team at Jezic & Moyse has extensive experience with Maryland Peace Orders and can help you navigate your case.
The court system can be complicated and overwhelming, especially if you don’t have a legal background. We’ll use our in-depth knowledge to ensure that you understand your rights, options, and obligations.
Through the process, we will:
- Gather relevant evidence, such as witness testimonies, documentation, and other supporting materials
- Construct a strong defense strategy based on evidence
- Present compelling evidence to demonstrate your position and protect your rights through legal proceedings
- Ensure your rights are upheld through every step
- Advocate for your interests and rights
- Understand the potential outcomes and implications of a Peace Order
- Provide valuable legal advice and representation through each phase
We’re here to guide you through every step. If you’ve been served with a Peace Order, we can help.
Frequently Asked Questions
What Happens If You Violate a Peace Order in Maryland?
If you violate a Maryland Peace Order, you may be arrested and charged with contempt of court. The judge may order whatever is needed to enforce the order, including up to 90 days in jail. You may also be required to pay up to $1,000 in fines.
What Happens After a Peace Order Ends?
When a Peace Order expires, so do all conditions of the order. For example, if the order requires you to stay away from a specific individual, that requirement ends when the Peace Order expires. However, it’s possible for the individual to request an extension, and if the judge grants one, the conditions of the order will continue.
What is the Difference Between a Peace Order and a Protective Order?
The primary difference between a Peace Order and a Protective Order is the relationship they apply to. A Protective Order applies to all family-like and sexual relationships, including sexual assault. A Peace Order covers all relationships outside that range, including those with coworkers, neighbors, and strangers.
Contact Our Skilled Maryland Peace Order Defense Lawyers for Help With Your Case
If you’ve been named as the respondent in a Peace Order, our experienced team at Jezic & Moyse can help. Our Maryland Peace Order lawyers have helped many residents navigate the intricacies of their cases and can help you do the same. Contact us today at (240) 292-7200 or by completing our online contact form.