Protective Orders

Maryland Protective Orders

A protective order is a civil order that protects a person from harm by someone in which he/she has a special relationship. There are three types of protective orders: interim protective order, temporary protective order, and final protective order.

An interim protective order last until a judge holds a temporary hearing which is usually within a few days of issuing the interim order. The order will go into effect once a respondent is served by a law enforcement officer. A temporary protective order can be issued ex parte without a full court hearing. A final protective order will be issued once both sides have the opportunity to present evidence in support of their position. If the judge finds that there is enough evidence that proves abuse has occurred, the judge will grant a final protective order that will last up to one

A protective order can be granted in the event a victim is assaulted, repeatedly threatened with violence, stalked, or falsely imprisoned by any of the following people:

2. Someone the victim had a sexual relationship with or lived with for 90 days during a one

year period in which the initial protective order is filed

3. Someone related to the victim by blood, marriage, or adoption

4. Someone in which the victim has a child in common

A protective order will prohibit the respondent from doing any of the following activities:

1. Contact, try to contact, or harass the petitioner

2. Order the respondent to refrain from entering the petitioner’s home

3. Order the respondent to stay away from the petitioner’s workplace, school, or temporary

You must file court documents with the clerk to request a protective order. The clerk will provide you with a hearing date. Either party may choose to bring an attorney to the hearing. I highly recommend you consult with an attorney prior to filing an order or going to the hearing.

An attorney can make sure all elements of abuse are captured in the petition to the court. An attorney can also ensure quality evidence is presented during the trial to increase the chances of obtaining a final order. Contact my law office to discuss how to obtain a protective order in more

How to Defend Against a Protective Order

If you have been served with a protective order, contact an attorney immediately. Violating a protective order can result in you serving time in jail. You will need to file a response. An attorney can help you prepare a defense that protects your rights. In addition, an attorney can hire an investigator and obtain expert witnesses to testify on your behalf at trial. This will help challenge the petitioner’s accusations.

Remember, do not contact the petitioner once you have been served. If you violate a temporary protective order, you can face up to 90 days in jail and be required to pay a $500 fine. Contact my Towson law office for more information about Maryland protective orders.