If you have a Protective Order or Peace Order against you, it’s vital to seek legal help.
Jezic & Moyse is a law firm that specializes in helping those who have Protective Orders or Peace Orders filed against them. We understand the stress and anxiety of this situation and are here to help you through the legal process.
You don’t have to face this situation alone. With our expert legal counsel, we can help protect your rights and get you the best possible outcome. Contact us today for a consultation.
What is a protective and peace order?
A court order of protection can be obtained from your county’s District or Circuit Court. An order of peace and protection is a civil order issued by a judge that prohibits one person from harming another.
Relationships between the person seeking protection and the person suspected of committing the prohibited act are considered when determining whether a petition needs to be filed. A protective order is generally issued to people who are in a domestic relationship. Meanwhile, other people are subject to Peace Orders.
Who can apply for a protective and peace order?
Generally, any individual experiencing abuse or threats can apply for a protective and peace order. This includes adults and minors who are family members or in a relationship where they have experienced or may experience domestic violence, sexual assault, stalking, harassment, or exploitation.
Protective orders are also available to individuals who are not in an intimate relationship with their abuser but have faced similar acts from the same person. For example, a neighbor might seek out a protective order if they have been subjected to repeated harassing behavior by another person in the neighborhood.
To better understand the scope of the protective and peace order, refer to the information below.
Protective Order in Wheaton, MD
According to Family Law § 4-501 of the Laws of Maryland, the following can file for a protective order:
- The current or former spouse of the abuser;
- A cohabitant of the abuser;
- Blood, marriage, or adoption relatives of the abuser;
- Parents, stepparents, children, or stepchildren of the respondent or person eligible for relief who resided or lived with them during the one year prior to the petition;
- A vulnerable adult;
- An individual who shares a child with the respondent;
- an individual who has had a sexual relationship with the respondent within one year before the filing of the petition; and
- Any act committed by the respondent against the petitioner within six months of the petition’s filing:
(i) crimes under Criminal Law Articles § 3–303, § 3–304, § 3–307, or § 3–308 involving rape; or
(ii) Attempting to commit rape or sexual offenses of any kind.
Peace Order
The laws of Maryland also provide relief for persons who cannot avail of protective orders. Persons eligible for this relief are:
- Victims of abuse who do not qualify for protective orders.
- An employer who receives threats or acts of violence against an employee at work may file for a peace order on behalf of that employee.
Reason to hire a protective and peace order lawyer in Wheaton, Maryland
If you are experiencing abuse or have been subjected to it, it is crucial that you immediately seek the help of a lawyer in Wheaton, Maryland, because:
- A lawyer with legal knowledge is needed: When you have an order against you, it is crucial to have a lawyer who understands the law and can help you navigate the legal system. A protective or peace order is a legal order issued by a court that requires one person to stay away from another. These orders can be issued for various reasons, including domestic violence, stalking, harassment, and sexual assault.
- Your cause needs to be defended by someone you can trust: A protective order or peace order can majorly impact your life. If you are the subject of an order, you may be required to move out of your home, give up your firearms, and have limited contact with your children. A lawyer will fight for your rights and ensure that the order is fair and equitable.
- Having an experienced person on your team is essential: When you hire a lawyer, you hire someone experienced in handling these cases. They will know how to deal with the police, the courts, and the district attorney. Moreover, they will also know what evidence is necessary to prove your innocence and get the charges against you dropped.
- An expert is needed: A lawyer can tell you what to expect during the legal process and advise you on your case’s best course of action. They will also be able to answer any questions about the legal process and help you understand the charges against you.
- Someone who stands by you is essential: When facing criminal charges, it is vital to have someone on your side looking out for your best interests. A lawyer will ensure that your rights are protected and that you receive a fair trial.
We are a law firm that specializes in protective and peace orders
You’ve been served with a protective order and are unsure what to do. You need help from an expert lawyer who can guide you through the process and protect your rights.
Having a protective order against you can feel like the end of the world. But don’t worry! Jezic & Moyse is here to help. We’ll work hard to get the order dismissed and protect your rights every step of the way.Don’t go through this alone. We have a team of experienced lawyers who know how to handle protective orders. Contact us today for more information about how we can assist you.
Frequently Asked Questions
Are Protective and Peace Orders the Same as Restraining Orders?
Protective and Peace Orders serve the same purpose as restraining orders. They’re court orders that require a person to refrain from doing specific acts against another person, such as contacting or harassing them. They’re simply Maryland’s version of restraining or stay-away orders.
What is the Difference Between Peace Orders and Protective Orders?
A Peace Order serves the same role as a Protective Order but for different relationships. While a Protective Order applies to family-like or sexual relationships, including sexual assault, Peace Orders apply to all other relationships. For example, a Protective Order could apply to your spouse or parent, while a Peace Order could apply to your neighbor or colleague.
If you don’t know which type of order applies to your situation, talk to our experienced protective order lawyers in Wheaton, MD.
Is It Possible to Extend My Protective or Peace Order?
Yes, you can petition the courts to extend your Protective or Peace Order as long as it hasn’t expired. This process involves notifying the respondent about a hearing and petitioning to extend the order. Since there are specific rules involved in this process, it’s best to talk to our skilled Peace Order lawyers in Wheaton, MD. We can help you navigate the process and keep you informed of specific rules surrounding it.
What Happens if the Person Doesn’t Follow the Protective or Peace Order?
Individuals served with a protective or peace order must abide by its terms and conditions. Failing to do so is against the law. So, if the person you have a Peace or Protective Order against violates its conditions, you can file charges. You can either file the charges with your local commissioner’s office or by calling the police.
If the individual is found guilty of violating the Protective or Peace Order, they can face up to $1,000 in fines and 90 days in jail.