Are you living in Gaithersburg, Maryland, and need legal help for a protective or peace order? Look no further than Jezic & Moyse. Our experienced legal team can provide the representation and counsel you need to navigate the protective and peace order process. Whether it’s representing you in court or presenting evidence to make your case, we can ensure that your case is handled efficiently, effectively, and professionally.
At Jezic & Moyse, we understand that the issues surrounding protective and peace orders are serious and complex legal matters. Our lawyers have been educated in these complexities to represent you to the full extent of the law.
And because each case is unique and sometimes takes unexpected turns, our team is prepared to tackle any surprises that may arise. We also recognize how stressful this process can be, which is why our lawyers are passionate about guiding you through every step of the process and supporting you all along the way.
Why is a protective order or peace order filed?
The court will issue a protective order if you are in a family-like or sexual relationship or have suffered a sexual assault. Meanwhile, a peace order will be issued in case of any other type of relationships, such as a stranger or a co-worker.
Obtaining a peace order is impossible if an individual qualifies for a protective order in a relationship. A petition for a peace order must be filed within 30 days of the act being committed. Obtaining a protective order does not require a specific time frame.
Types of Maryland Protective Orders
Here are the different types of protective orders provided under the laws of Maryland that can be filed against you:
Interim protective orders
If the clerk’s office is closed, an interim protective order can be filed against you if the offended party goes to the nearest district court commissioner. The interim protective order becomes effective once it has been served on the respondent by a law enforcement officer.
If the judge doesn’t postpone the temporary hearing, the interim order lasts until the brief hearing occurs. Let’s say the court is closed on the day of the expiration of the interim protective order. The interim protective order against you will be in effect until the following day when the temporary protective order hearing is held in court.
Temporary protective orders
A temporary protective order can be issued the same day the offended party goes to court for a protective order during regular court hours. You don’t have to attend a full court hearing since it is not required to issue this order. Law enforcement will “immediately” serve you after the court order is given in case of your absence in court.
If you are present, the temporary order can be served to you in court, or if you do not appear, the temporary order will be mailed to you. If no final protective order is issued after seven days of service of the temporary order, a full court hearing will have to be held, at which time a final protective order will be issued.
If the temporary protective order expires on a day when the court is closed, the protective order will remain in effect until the judge holds a hearing on the final protective order on the day the court is open. The judge may extend an order for six months if necessary.
Final protective orders
Only a full court hearing can result in a final protective order. A judge may grant a final protective order if they believe abuse has occurred or in case you agree. Generally, a final protective order against you lasts for one year unless otherwise specified.
The final protective order shall be effective for the period stated in the order, not to exceed one year or two years, unless extended by the judge or made permanent by the court.
It is also applicable if the abuser agrees to the two-year order within one year of the expiration date of your previous final protective order.
How can a lawyer help with a protective or peace order case?
If a protective or peace order has been filed against you, talking to a skilled criminal defense lawyer is highly recommended. Your lawyer can help with each stage of the process, guiding you through every step to pursue the best possible outcome.
From the initial consultation onward, they’ll help you understand your rights and the legal proceedings involved. They will gather evidence, prepare legal documents, and represent you in court, negotiating on your behalf to reach a favorable resolution. They’ll ensure your rights are protected and help you navigate the legal proceedings effectively.
If someone has filed a peace or protective order against you, our team at Jezic & Moyse is here to help.
You deserve to be protected
When facing a domestic violence charge, it’s important to contact an experienced lawyer immediately. If the court finds enough evidence to support the charges, it could issue a restraining order or another protection against abuse. If you violate this order, you may be arrested and charged with contempt of court. The best way to avoid these problems is by contacting Jezic & Moyse today!
We will do everything we can to help protect your rights and keep your record clean. We understand that this is a difficult time for you, and we will work tirelessly to bring you the best possible outcome. We also have extensive experience helping individuals like you. Contact our office today for a consultation.
Frequently Asked Questions
What are the potential consequences of violating a protective or peace order?
Violating a protective or peace order in Maryland can lead to an arrest and being charged with contempt of court. In this situation, there isn’t a specific penalty, but the judge may order whatever means necessary to enforce the order, which may include jail time. Alternatively, if you’re found guilty of violating the order, you may face up to 90 days in jail and up to $1,000 in fines.
Are peace orders the same as protective orders?
Both peace and protective orders are designed to protect an individual, but each applies to different relationships. Protective orders cover family-like or sexual relationships, including sexual assault, whereas peace orders apply to any other relationship with an individual, such as a coworker, neighbor, or stranger.
Is a peace order the same as a restraining order?
Each state has restraining orders or a version of them, although they may go by different names. In Maryland, these orders are called peace or protective orders. They serve the same role as restraining orders, serving as court orders that require an individual to refrain from doing certain acts against another individual but go under a different name.
Do I need a lawyer for my protective or peace order case?
If a protective or peace order has been filed against you, it’s important to seek legal representation. Having a lawyer can help you navigate the legal process effectively and ensure that your rights are upheld. A skilled attorney will provide guidance on how to respond to the order, represent you in court proceedings, and help present your case professionally.