In Maryland, a protective order is a legal document that victims of domestic violence can file to protect themselves from further abuse. A peace order is a legal document that can be filed by any person who has been threatened, harassed, or assaulted.
However, anyone can wrongfully file a protective order against you. Suppose you have been accused of domestic violence, threatening, harassing, or assaulting another person. In that case, it is crucial to speak with an attorney who can help you file and avoid these criminal charges. The attorneys at Jezic & Moyse are knowledgeable and caring and can help you avoid being falsely accused.
Understanding the types of protective and peace orders in Maryland
In Maryland, offended parties petitioning for protective or peace orders may receive an interim, temporary, or final order. The type depends on where they file the petition and court proceedings.
Interim protective orders
An interim protective order is active for the shortest period of time. It applies when the offended party goes to the nearest district court commissioner rather than the court. These orders go into effect as soon as a law enforcement officer serves it to the respondent.
The order remains in effect until the temporary hearing, which is usually the next business day.
Temporary protective orders
A temporary protective order is issued after an interim protective order has been issued or after the petitioner files the petition in a court during regular business hours. These orders are in effect until the Final Protective Order Hearing, which usually occurs one week from the temporary order.
Final protective orders
A judge may grant a final protective order after a hearing, if the court believes beyond the preponderance of the evidence that the abuse has occurred or you consent to the order. These orders generally last for a full year. However, the petitioner can extend the order further or the parties agree to a different length.
What are the grounds for getting a peace and protective order in Maryland?
A court can issue a protective and peace order if you have been abused, harassed, stalked, trespassed, or maliciously destroyed your property. Misuse of telephones and electronic communications, revenge porn, and visual surveillance are other grounds for harassment.
After an expired restraining order, what happens?
All parts of a restraining order expire at the same time when the restraining order expires.
These orders include preventative orders prohibiting the defendant from abusing your children or your home and ordering the defendant to stay away from your home, children’s schools, and places of worship, along with custody and visitation orders.
What remedies does a complainant have if the judge does not extend the order?
If the judge did not extend the order filed against you for custody, support, or visitation and the complainant still wants to obtain one, here’s what to expect:
- A new case in the Probate and Family Court can be restarted.
- The complainant can obtain a temporary order of custody, visitation, or child support by filing a motion for a temporary order against you.
- When a new case is filed against you, they schedule a hearing for the motion for temporary orders.
Generally, the court may issue additional six (6) months of peace and a protective order against you.
What consequences might you face if you violate a peace and protective order in Maryland?
According to § 4-508 of the statutes of Maryland, these are the consequences you can face if you end up violating a peace and protective order:
- Penalties for violation of the order: Interim protective orders, temporary protective orders, and final protective orders shall specify what penalties will apply if the order is violated, such as criminal prosecution and imprisonment or fine, or both.
- Violation of the order found to be contemptuous: It shall be stated on the temporary and final protective orders issued any breach of the order will result in contempt charges being filed.
Reasons to hire a peace and protective order in Prince George County, Maryland
These are the reasons why you should hire a peace and protective order in Prince George County, Maryland in case you are facing a peace and protective order:
- The process might not make sense to you: If the court issued a protective or peace order against you, it is essential to understand that the process can be very complex. A protective or peace order is a legal document issued by a court and requires the person named to stay away from the victim. If you violate a protective or peace order, you could be arrested and charged with a crime. An experienced lawyer can help you understand the process and ensure you comply with the order.
- Violations of orders have severe consequences: If you violate a protective or peace order, you could be subject to severe penalties, including jail time. Additionally, if you are convicted of violating a protective or peace order, it will go on your criminal record. This could make it difficult for you to find employment or housing in the future. An experienced lawyer can help you avoid these consequences by ensuring that you comply with the terms of the order.
- It is your right to be represented by an attorney: If you have been served with a protective or peace order, you have a right to an attorney. An attorney can help you to understand your rights and options under the law. Additionally, an attorney can represent you in court if necessary and help ensure your rights are protected throughout the process.
How a lawyer can help with your protective or peace order case
If an offended party has filed a peace or protective order against you, a knowledgeable criminal defense attorney can help. Your lawyer will guide you through the process, offering sound legal guidance to help you better understand your rights and the legal proceedings involved.
They’ll handle gathering evidence, preparing legal documents, representing you in court, and advocating for your rights. In court, they may negotiate on your behalf to secure a favorable resolution.
Considering that a protective or peace order can affect various aspects of your personal and professional life, it’s important to have help from an experienced protective or peace order lawyer to navigate your case.
We are the law firm that will protect your family and keep you safe
Jezic & Moyse is a law firm specializing in protective orders. We understand what you’re going through, and we’ll work hard to get the best outcome for you and your family.
Our lawyers have the expertise to ensure you receive the best possible outcome in your case. Schedule a consultation to find out how we can help you achieve peace of mind.