You are eligible for a protective order if you and the alleged abuser: 1. (ii) Except as provided in § 4-505 (c) of this subtitle, or unless continued for good cause, the final protective order hearing shall be held no later than 7 days after the temporary protective order is served on the respondent. One may seek an interim protective order by filing a Petition for Protection from Domestic Violence with the office of the District Court commissioner, open 24 hours a day, 7 days a week, when courts are closed. Have lived together in an intimate relationship for at least 90 days during the past year 3. What an Extreme Risk Protective Order CANNOT do Improve Your Credit Score; MOTION TO QUASH WRIT OF GARNSIHMENT; State is Exempt from 12 Year Statute of … and calling witnesses on your behalf. Are in a parent-child, or stepparent-stepchild rel… The relationship between the respondent (person alleged to have committed the prohibited act) and the petitioner (person seeking protection) determines the Petition to be filed. Subscribe to Justia's The Judge may extend the order, as needed, up to 6 months to serve the abuser with the order or for good cause. -- A respondent under § 4-505 of this subtitle shall have an opportunity to be heard on the question of whether the judge should issue a final protective order. Chapter 400. Disclaimer: This guide is for informational purposes and is not intended to give detailed legal advice. NOTE:  If you have an Interim Protective Order, you do not need to see the Clerk. Maryland Protective Orders Laws; Maryland Stalking Laws; Maryland Domestic Violence Laws; Maryland Criminal Statute of Limitations Laws; Questions About Peace Orders? Details on Who is Eligible for a Protective Order. (3) (i) Subject to the provisions of subparagraph (ii) of this paragraph, in cases where both parties file a petition under § 4-504 of this subtitle, the judge may issue mutual protective orders if the judge finds by a preponderance of the evidence that mutual abuse has occurred. At the Final Protection Order hearing, if the abuser has been served with a copy of the Temporary Protective Order but fails to appear for the hearing, you should ask the Judge to enter an order of protection against the abuser – this is called a Default Order. The Temporary Protective Order remains in effect for not more than 7 days after law enforcement has given the abuser a copy of the order (i.e., service). Temporary extreme risk protective order § 5-605. There are two types of restraining orders in Maryland: Protective Order and Peace Order. (2) A final protective order may be issued only to a person who has filed a petition under § 4-504 of this subtitle. Instead, take a seat in the assigned courtroom and wait for your case to be called because you already have a scheduled hearing. In order to qualify for this order, you must have suffered abuse at the hands of someone you are or have been in a domestic relationship with. Sometimes, “no contact” language is necessary, even in situations where you share children with the respondent, even if you must or are trying to co-parent children. Call (410)-849-9529 . To file a new peace or protective order case after court hours, visit a District Court commissioner. That is the situation where a judge could put someone in jail. -- The final protective order shall order the respondent to surrender to law enforcement authorities any firearm in the respondent's possession, and to refrain from possession of any firearm, for the duration of the protective order. Discovery (Refs & Annos) MD Rules, Rule 2-403. Pending Interim Orders - The District Court of Maryland's Communication Regarding Domestic Violence Protective Orders, Peace Orders and Extreme Risk Protective Orders provides clarification about hearing dates and interim orders. Free Newsletters During the current Phase 2, the court will hear new peace and protective order cases during court hours. Maryland Rules. and any income (pay stubs) or bank information you may have regarding the abuser. Readers should not act upon the information in thi… Read the Law: Md. On motion of a party, a person from whom discovery is sought, or a person named or … The Protective Order and Peace Order process is a fast moving one with the final hearing completed within 7 days of obtaining the temporary order. An order of protection in Maryland (and most other states) is also termed a domestic violence protective order (DVPO). If the other side has not received a copy (i.e., been served), the Court will issue a Temporary Protective Order and serve the abuser with notice of the final hearing. The file you download can be imported into Excel, a text editor, browser, or any other application that supports the CSV and JSON formats. Let's take the relationship first. In addition, domestic violence agencies may have shelters in your area to house you and your children to keep you safe through this process. The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. A domestic violence protective order is a civil order that protects: a victim of domestic abuse from harm by someone with whom s/he has a specific relationship; a vulnerable adult from abuse by any person regardless of their relationship; or a child who is sexually abused (by anyone) or physically or mentally injured by a parent, family/household member, caretaker or others. Please note that the Judge who hears the case may not be the same Judge as the one who presided over the Temporary Protective Order hearing, so it is important that you repeat all the reasons why you are seeking relief, this includes submitting into evidence any documentation of abuse (police report, hospital records, photographs, etc.) The Interim Protective Order will state: The Interim Protective Order expires at the end of the second business day after issuance or at the Temporary Protective Order hearing, whichever is the earliest. To receive the protection offered by a protective order, the court must make a finding that abuse … In this age, people do not … To obtain one, a petition for protection must be filed with the District Court Commissioner’s office. 250 of the 2018 Legislative Session What is an Extreme Risk Protective Order, and what CAN it do? While you can do this without a lawyer, consider contacting your local domestic violence agency for advice and counseling. The court will issue a permanent protective order if the abuser is convicted of a crime for an act of abuse that led to the issuance of a protective order and the abuser has been sentenced to imprisonment in … At the conclusion of the hearing, the Judge will decide whether or not the abuse occurred. West's Annotated Code of Maryland . Has lived with the abuser in the home for at least 90 days within 1 year before filing for relief; A person who had a sexual relationship with the abuser within 1 year before filing for relief; A person related to the abuser by blood, marriage, or adoption; A parent, stepparent, or stepchild, if you have lived with the abuser in the home for at least 90 days within 1 year before filing for relief; A person who has had a child with the abuser; or. 8:30 am - 8:00 pm, Mon - Fri, A publication of the Baltimore City Bar Association. MD Code, Public Safety, § 5-602 § 5-602. Unlike most of the laws that are clear-cut, a protective order sometimes stipulates no contact which means no contact of any kind whatsoever. If the abuser is responsible for providing you or a person eligible for relief financial support, you must request Emergency Family Maintenance on the Petition (you will need to support this request by submitting financial documentation at the time of the Final Protective Order hearing). If the Court is closed on the day the order is due to expire, the order remains in effect until the court holds a Final Protective Order hearing. Disclaimer: These codes may not be the most recent version. Maryland Family … PROTECTIVE ORDERS West's Annotated Code of Maryland Maryland Rules. A peace order restrains … A person who alleges that within 6 months before the filing of the petition, the respondent committed rape or a sexual offense or attempted rape or sexual offense. (1) If the respondent appears before the court at a protective order hearing or has been served with an interim or temporary protective order, or the court otherwise has personal jurisdiction over the respondent, the judge: (i) may proceed with the final protective order hearing; and. If the named person violates the order … Final extreme risk protective order § 5-610. All pending interim and temporary domestic violence protective orders, pending interim and temporary peace orders and pending interim and temporary extreme risk protective orders will remain in effect (even if the date has passed on the order) until such time that the court has conducted a hearing or has otherwise communicated with the parties. What are Protective Orders?Protective orders are civil orders issued by a judge that orders one person to refrain from committing certain acts against others.Who Can File for Protective Orders? A victim of domestic violence can access a Commissioner either by going to any on-duty Commissioner’s office or by telephoning an on-call Commissioner. When the Courts are closed, a victim of domestic violence (also known as a Petitioner) may file Petition for Protection from Domestic Violence (Petition) with the District Court Commissioner’s office. (1) A copy of the final protective order shall be served on the petitioner, the respondent, any affected person eligible for relief, the appropriate law enforcement agency, and any other person the judge determines is appropriate, in open court or, if the person is not present at the final protective order hearing, by first-class mail to the person's last known address. **, There is a two or three-step process that you must follow to obtain a domestic violence Protective Order against your abuser. (3) A subsequent circuit court order pertaining to any of the provisions included in the final protective order shall supersede those provisions in the final protective order. However we do not provide legal advice - the application of the law to your individual circumstances. (f) Surrender of firearm. Do not be surprised or upset if the abuser lies about what happened. Public Safety (Refs & Annos) Title 5. If you are worried about your abuser learning your whereabouts, your address does not need to be disclosed on the Petition – you may provide an alternate address or simply ask that your address be kept confidential. FAMILY LAW Code Ann. (2) All relief granted in a final protective order shall be effective for the period stated in the order, not to exceed 2 years if: (i) the court issues a final protective order under this section against a respondent on behalf of a person eligible for relief: 1. for an act of abuse committed within 1 year after the date that a prior final protective order issued against the same respondent on behalf of the same person eligible for relief expires; or, 2. by consent of the respondent within 1 year after the date that a prior final protective order issued against the same respondent on behalf of the same person eligible for relief expires; and. It is also important to present documentation and discuss reasons why you may need financial assistance during the pendency of the Final Protective Order. On the Petition, there will be a question asking whether there are any previous or pending court cases between yourself, the person you want protection for and the abuser. Order the abuser to stop abusing or threatening you; Order the abuser to stay away from you and to not try to contact you or harass you at your home, school, job, the place where you may be staying, from your children’s school(s), and from your family members’ homes; Order the abuser to stay out of your home; If you and the abuser are married and were living together at the time of the abuse: order the abuser to leave the home where the two of you live; and. Protective Orders Laws A protective order is a court-certified document that prohibits the person named in the order from getting within a certain distance of the person seeking the order. Purpose of a Temporary Protective Order. Maryland Attorney Rene Sandler understands and appreciates the nuances of the laws applied in a Protective Order or Peace Order hearing. There is no filing fee. To be eligible for a protective order, you must fall into one of these categories: For more detail about these eligibility requirements, read Details on Who is Eligible for a Protective Order. (1) (i) The temporary protective order shall state the date and time of the final protective order hearing. (b) (1) (i) The temporary protective order shall state the date and time of the final protective order hearing. Commissioner’s offices are open and available 24 hours a day, 7 days a week around the state. Maryland's Extreme Risk Protective Order (ERPO) took effect on October 1, 2018. The Temporary Protective Order will state the day, time, and location of a final hearing for a Final Protective Order. If the court finds that the safety of a person eligible for relief will be jeopardized by unsupervised or unrestricted visitation, the court shall condition or restrict visitation as to time, place, duration, or supervision, or deny visitation entirely, as needed to guard the safety of any person eligible for relief; (9) award emergency family maintenance as necessary to support any person eligible for relief to whom the respondent has a duty of support under this article, including an immediate and continuing withholding order on all earnings of the respondent in the amount of the ordered emergency family maintenance in accordance with the procedures specified in Title 10, Subtitle 1, Part III of this article; (10) award temporary use and possession of a vehicle jointly owned by the respondent and a person eligible for relief to the person eligible for relief if necessary for the employment of the person eligible for relief or for the care of a minor child of the respondent or a person eligible for relief; (11) except when a protective order is issued for a person eligible for relief described in § 4-501(m)(7) of this subtitle, direct the respondent or any or all of the persons eligible for relief to participate in professionally supervised counseling or a domestic violence program; (12) order the respondent to pay filing fees and costs of a proceeding under this subtitle; (13) award temporary possession of any pet of the person eligible for relief or the respondent; or. (ii) Except as provided in § 4-505 (c) of this subtitle, or unless continued for good cause, the final protective order hearing shall be held no later than 7 days after the temporary protective order is served on the respondent. If necessary, you may also write on an additional sheet of paper and attach it to the Petition. © Maryland Thurgood Marshall State Law Library, 2021.”, Submit a legal information question to the Thurgood Marshall State Law Library, Call or chat with a lawyer about your civil legal matter, at no cost Leniency, like a first time DUI or a misdemeanor assault or a misdemeanor theft, … On this form, you will list the reasons why you are seeking protection from abuse. However, Maryland enforces the out-of-state or foreign protective order only to the extent that the relief granted in the order is permitted under § 4-506 of the Family Law Article of the Maryland Code. (1) Notwithstanding any other provision of this section, the court shall issue a new final protective order against an individual if: (i) the individual was previously a respondent under this subtitle against whom a final protective order was issued; (ii) for the act of abuse that led to the issuance of the final protective order, the individual was convicted and sentenced to serve a term of imprisonment of at least 5 years under § 2-205, § 2-206, § 3-202, § 3-203, § 3-303, § 3-304, § 3-305, § 3-306, § 3-309, § 3-310, § 3-311, or § 3-312 of the Criminal Law Article or for conspiracy or solicitation to commit murder and the individual has served at least 12 months of the sentence; and. contacting your local domestic violence agency, Protective Orders - Frequently Asked Questions, Details on Who Is Eligible for a Protective Order, Preparing for the Final Protective Order Hearing, Enforcement of out of state protective orders, Addendum to Petition for Protective Order, How to File for a Peace or Protective Order, Request to Register Out-of-State Order of Protection. We make every effort to ensure the accuracy of the information and to clearly explain your options. Depending on your … If you reply “yes,” your case may be heard before a Circuit Court Judge or Family Magistrate. § 5-603. PROTECTIVE ORDERS. As the person seeking relief, you hold the burden of proof by “reasonable grounds.” As such, it is important that you disclose any proof of abuse you may have, including, pictures, police reports, medical records, witnesses, etc. RULE 2-403. Maryland may have more current or accurate information. (e) Review of open and shielded court records. If you are seeking financial relief (also known as Emergency Family Maintenance), get copies of your most recent pay stubs, living expenses (mortgage, lease, utilities, car insurance, car payment, daycare, etc.) Burden of Proof to Obtain Protective Orders As the law currently stands in Maryland, in order to grant a final protective order a judge must find by “clear and convincing evidence” that the respondent has committed, and is likely to commit in the future, one of several prohibited acts against the petitioner. (ii) The judge may issue mutual final protective orders only if the judge makes a detailed finding of fact that: 1. both parties acted primarily as aggressors; and. Edited by Amy Hennen, Esq., Maryland Legal Aid; Sara A. Magette, Esq., PLL Contributors, Communication Regarding Domestic Violence Protective Orders, Peace Orders and Extreme Risk Protective Orders, Step #1: Interim Protective Order - Obtaining immediate protection when the courts are closed, Step #2: Temporary Protective Order - Obtaining immediate protection during court business hours, Step #3: Final Protective Order – Obtaining long-term protection. Whether you received an Interim Protective Order or are submitting a Petition for the first time, you will appear before a Judge to explain your reasons for seeking relief. NOTE: When deciding whether to file in the Circuit Court or the District Court, you may want to consider that you are guaranteed a right to appeal from District Court to the Circuit Court if you start in the District Court and are not successful for any reason. The following categories of people are defined by statute as persons eligible for relief: Current and former spouses; Cohabitants for 90 days; A person related to the respondent by blood, marriage or adoption You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. Any other relief that a commissioner determines to be necessary to protect you from abuse. (ii) the prior final protective order was issued for a period of at least 6 months. featuring summaries of federal and state Extreme Risk Protective Orders (Refs & Annos) Effective: October 1, 2018. Code, Family Law § 4-504 and 4-504.1. Maryland Protective Order Laws. Protective orders (a) Hearing — In general. Depending on your specific circumstances, the Judge may order as relief any (or all) of the following: NOTE: For temporary or final protective orders, the judge can order “no contact,” which is exactly like it sounds – your abuser cannot contact you for any reason. When an abuser commits domestic violence or other forms of abuse in Maryland, the courts can intervene on behalf of the victim. A person bringing a Protective Order is referred to as the “Petitioner” and the responding party is … In order to protect the victim and halt further abuse, the Maryland courts can even issue a temporary protective order before a final hearing occurs. It is so important that the petitioner takes that step. (1) (i) The temporary protective order shall state the date and time of the final protective order hearing. An act that causes serious bodily harm (e.g., kicking, punching, choking/strangling, shoving, shooting, hitting with an object, stabbing, or biting); An act that places a person in fear of imminent serious bodily harm (including threats of harm); Rape or sexual assault (including attempts); A current or former spouse of the abuser (also called the Respondent); Is having a sexual relationship with the abuser, and. Petition for an extreme risk protective order … The interim order will state the date, time and location of the hearing for a temporary protective order… (h) Factors in ordering vacation of home. West's Annotated Code of Maryland . If necessary, you may also write on an additional sheet of paper and attach it to the Petition. award temporary custody of any children that you have with the abuser; If you are NOT married to the abuser, but were living together at the time of the abuse AND your name is on the lease or deed for the home, the court can order the abuser to leave the home; If you are not married to the abuser and you lived with the abuser for at least ninety (90) days within the past year, the court can order the abuser to leave the home; Award temporary possession of any pet of the Petitioner or the abuser; or. However, if you do not want language as extreme as “no contact,” consider request language that says, “no contact, except for the purposes of facilitating any custodial exchanges.” This allows for communication about the children, but maintains the “no contact” language, which may provide more protection than “no abuse” or “no abusive contact.”, The Court may proceed with a Final Protective Order hearing provided that the Court has personal jurisdiction over the abuser and the parties expressly consent to waive the Temporary Protective Order hearing. In Maryland, a Protective Order is a form of relief granted by the court to eligible individuals who have been subject to specific acts enumerated by statute. If the Judge finds that the abuse did occur, the Judge may order one (or all) of the following for up to 1 year: You and the abuser will each receive a copy of the Protective Order at the time of the hearing. This is an important step that many people fail to do. Interim extreme risk protective order § 5-604. (Click here for a list of domestic violence shelters.). 2. neither party acted primarily in self-defense. Order the abuser to stop abusing or threatening to abuse you; Order the abuser to stay away from you and to not try to contact you or harass you; If you are married to the abuser AND you were living together at the time of the abuse, the court can order the abuser to leave the home where the two of you live; If you are not married to the abuser, but were living together at the time of the abuse AND your name is on the lease or deed for the home OR you lived with the abuser for at least ninety (90) days within the past year, the court can order the abuser to leave the home; Order the abuser to stay away from your job, your school, the place where you may be staying, from your children’s school(s), and from your family members’ homes; Order that you be given temporary custody of any children that you have with the abuser (including the use of reasonable and necessary force to return the minor child to the custodial parent) and, depending on safety considerations, the Judge may condition or restrict visitation; Order that you be given temporary custody of any pets you own with the abuser; If you are married, order the abuser to pay money to help support you during the order; If you have children with the abuser, order the abuser to pay support for the children; If you own a car with the abuser, the court may order that you have sole use of the car for the period of the order (you must tell the judge that the car is necessary in order to get you to work or to transport a child); Order the abuser or you to participate in a counseling program (domestic violence and/or drug/alcohol); Order the abuser to stay away from a child care location; or, Both parties acted primarily as aggressors; and. In some circumstances, the District Court will, on its own initiative, transfer the case to the Circuit Court for further handling. See Step #3: Final Protective Order: Obtaining long-term protection.”. A Maryland Attorney Can Help. This would be a de novo appeal, meaning that there would be a new trial in the Circuit Court at which new evidence may be presented and new determinations are made. If the abuser fails to appear, the Court will mail the abuser a copy of the Protective Order via first-class mail. Keep a copy of the order with you at all times. Be aware that the abuser or the lawyer will ask you questions in cross-examination and will have an opportunity to disprove your case. This article is a step-by-step guide to help you protect yourself against abuse. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. -- In determining whether to order the respondent to vacate the home under § 4-505(a)(2)(iv) of this subtitle or subsection (d)(4) of this section, the judge shall consider the following factors: (1) the housing needs of any minor child living in the home; (2) the duration of the relationship between the respondent and any person eligible for relief; (4) pendency and type of criminal charges against the respondent; (5) the history and severity of abuse in the relationship between the respondent and any person eligible for relief; (6) the existence of alternative housing for the respondent and any person eligible for relief; and. (1) Before granting, denying, or modifying a final protective order under this section, the court shall review all open and shielded court records involving the person eligible for relief and the respondent, including records of proceedings under: (ii) Title 3, Subtitle 15 of the Courts Article; and. Whether you're on the requesting or receiving end of a Maryland peace order, there are important legal implications once one is issued. Skip to “4 below: You will see a Judge.”. Chapter 7 Bankruptcy. The Judge may issue a mutual Final Protective Order provided the Judge makes a detailed finding of fact that: This site offers legal information, not legal advice. Civil Procedure--Circuit Court . If your abuser is present at the hearing, the abuser may or may not be represented by a lawyer. Protective Orders. Please check official sources. Your case will be heard. Immediate protection orders are issued when the court is closed. Are related by blood, marriage, or adoption 4. The office is open 24/7. To file a new peace or protective order case after court hours, visit a District Court commissioner. NOTE:  If you filed an Interim Protective Order, the Commissioner’s decision to grant or deny any relief is not binding on the Judge who will hear your case for a Temporary Protective Order. (a) Hearing -- In general. Critical decisions must be made on this accelerated time schedule. If you have not already done so, talk to the police about filing criminal charges. In Maryland, you can obtain an order of protection from either the District Court or Circuit Court in your county to prevent a current or former spouse, a cohabitant, a person with whom you have had a sexual relationship, or other relatives from abusing or threatening you. --. On Monday, November 30, 2020, the Maryland Courts returned to Phase 2 of its phased reopening plan. Contact information for the Commissioners can be found on the District Court website. When the case is called, both you and your abuser will have a chance to tell the Judge what happened that led you to file the Petition. NOTE: Unlike many other pleadings one might file, a petition for protection, along with a protective order addendum form, is all that you need to start this case. In Maryland, you can obtain an order of protection from either the District Court or Circuit Court in your county. If the court is closed on the day the order is due to expire, the order remains in effect until the District or Circuit Court holds a Temporary Protective Order hearing. In the State of Maryland, there is a protective order statute that basically says that if person A files a protective order against person B and person B simply agrees with it and doesn't defend against the claims, they can get the item shielded from records. ) MD Rules, Rule 2-403 other forms of abuse ; and person... 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