Seeking a Peace or Protective Order?
Do You Have a Peace or Protective Order That Was Incorrectly Filed Against You?
Obtaining a peace order or protection order from a District Court judge, District Court commissioner, or Circuit Court judge can be guided through by us. However, those who have become involved in the procedure for a peace order or protective order should be aware of the legal pitfalls they can encounter as well as the impact these orders may have on their immigration status or their top secret and secret security clearances.
If you live in Rockville, Silver Spring, or the neighboring counties of Prince George’s, Frederick, or Howard Counties and need an attorney with vast experience in dealing with peace orders or protection orders, give us a call right away.
Peace Orders and Protective Orders Bowie MD
What are Peace Orders and Protective Orders in Maryland?
Protective orders are a sort of restraining order that can be issued against someone who is a family member or household member of the individual who filed the request. When a married person or someone in another form of intimate relationship is at issue, protective orders are also applied. The “petitioner” is the party requesting the order, while the “respondent” is the party that is the recipient of the order.
Similar to restraining orders, peace orders may be served on anyone who is not a relative of the person who requested the order or who does not reside in the same household. It doesn’t matter if the individual the order is filed against resides in Bowie or somewhere else; they could be a friend, acquaintance, neighbor, or total stranger. This person must avoid the party who brought the lawsuit, according to the injunction.
First Steps in the Process
After issuing the temporary order, the court designates local law enforcement to serve the respondent with it. The order forbids the respondent from getting in touch with the petitioner or visiting the petitioner’s home, place of employment, or school as soon as it is served. A week later, a final hearing is planned during which the petitioner and respondent will be heard by the judge, who will then provide a verdict. A final order is made if the judge concludes from clear and persuasive evidence that the respondent assaulted the petitioner or engaged in other unlawful behavior, made threats, stalked or harassed the petitioner, or engaged in any of these actions.
Petitioners
A petitioner who wants to request a peace order or protective order must do so in person at the District Court of Maryland. The individual is required to write and submit a petition and give a judge or a commissioner some time-limited testimony. On that particular day, this judge or commissioner determines whether or not an order should be issued. You should research the pertinent statutes (laws) (3-1501, Courts and Judicial Proceedings, or 4-501, Family Law Article) before submitting an application for one of these orders to ascertain your eligibility for receiving this kind of order. Additionally, be sure to tell the judge all the specifics of what happened to you. Additionally, confirm that the actions you are criticizing occurred within the legal timeframes for filing: Peace orders have a 30-day duration, although most protective orders have no set duration.
Quick Tips
Violence-related acts have been linked to these injuries on occasion. In the event that someone else’s actions have caused you harm, you must present the court with proof of the type and severity of your injuries. This documentation may take the form of pictures, videos, medical records, or other pertinent documents. Any electronic evidence that is pertinent to your case should also be preserved. Emails and text messages are examples of this.
Respondents
If you are a respondent in a matter involving a peace or protective order, it is crucial that you appear in court for all scheduled hearings and that you follow all court directions. Be aware that you may also be subject to criminal prosecution for the actions that the order is said to have been based on, as well as for any purported violations of the order. If police attempt to speak with you, keep in mind that any information or justifications you provide them with, they may use against you in a case involving a restraining order or a criminal offense.
A respondent should be aware of a number of considerations before attempting to handle a peace or protective order on his or her own:
- Both cases involving peace orders and those involving protective orders must be posted by Maryland courts on the Maryland case search. All cases now underway in Maryland courts are included in a public database called case search;
- Any security clearance you possess will be impacted if a peace or protective order is filed against you;
- If you are a respondent in a peace or protective order, landlords in the Bowie region could be reluctant to rent to you;
- It’s possible that employers won’t want to hire you;
- Banks might decide against giving you credit;
- Any custody agreement you have with your child could be in jeopardy if you are a participant in a domestic relations dispute;
- Immigration issues may arise from peace orders;
- If you later face a criminal prosecution in connection with the peace order or protection order case, the remarks you made will be used against you.