Peace Orders and Protective Orders For Frederick MD
Seeking a Peace or Protective Order in Frederick, MD?
Or Has Someone Wrongfully Filed a Peace or Protective Order Against You?
We can walk you through the process of securing a peace order or protective order from a District Court judge, District Court commissioner, or Circuit Court judge. But those who have become involved in the peace or protective order process should know the potential traps they may face in Court as well as the effect these orders can have on their immigration status or with their top secret and secret security clearances.
If you’re looking for an attorney with extensive experience in handling peace orders or protective orders in Rockville or Silver Spring, or in the surrounding counties of Prince George’s, Frederick, or Howard Counties, please call us today.
What are Peace Orders and Protective Orders in Frederick, MD?
If you live in Washington Grove and you are being harassed or threatened by a friend or acquaintance, a neighbor, or even a total stranger, you might need a restraining order for your own safety and peace of mind. Peace orders are a type of restraining order that requires a person who is not related to or living with you to stay away and to leave you alone. The party seeking an order is known as the “petitioner” and the party being served with an order is known as the “respondent”.
Protective orders are a similar type of restraining order; but these restraining orders are issued to people who are relatives of, or who live with, the petitioner. Protective orders are also used when the matter concerns married people or those involved in other types of romantic relationships.
First Steps in the Process
Once a temporary order is issued, local law enforcement promptly serves it to the respondent. The order takes effect upon being served, barring the respondent from making any contact with the petitioner. Should the respondent breach this order, they may face criminal charges. Typically, a final hearing is set for about a week later, where both parties are given a chance to present their arguments before a judge. The judge then reaches a decision based on the evidence and testimonies presented in court. If the judge determines, through clear and convincing evidence, that the respondent has engaged in assault, threats, stalking, or harassment against the petitioner, a final order will be granted.
Petitioners
To seek a peace order or protective order, the petitioner must visit a District Courthouse and present a brief testimony to a judge, or to a commissioner if it’s outside regular business hours. The judge or commissioner will review your complaint and listen to your reasons for requesting the order, then decide whether to issue it. Before applying, it’s crucial to familiarize yourself with the relevant legal statutes (§3-1501, Courts and Judicial Proceedings, or §4-501, Family Law Article) to ascertain your eligibility for these orders. When requesting an order in court, it’s important to provide detailed and specific facts about your experience. Additionally, ensure that the incidents you’re reporting fall within the legally mandated time frames for filing: 30 days for peace orders and generally no set time limit for most protective orders.
Quick Tips
If you have been injured by the act of someone else, you should provide photographs or medical reports of your injuries to the judge. In addition, you should preserve any electronic evidence which is relevant to your case. This may include text messages or emails.
Respondents
If you have been named as a respondent in a peace or protective order case, it is important to attend all court hearings and to abide by any orders issued by the Court. In addition, you could also be facing criminal charges for the actions that were the basis of the order, or for anything you might do to violate the order after it is issued. It is also important to understand that if the police attempt to interview you, they may well use whatever information or explanations you give them against you in court. This could be true in either the criminal or restraining order case.
There are many things that a respondent should know before attempting to handle a peace or protective order on his or her own:
- Maryland Courts are required to post both protective order and peace order cases on the Maryland Judiciary Case Search. Case search is a public database that lists all cases pending in Maryland courts;
- Any security clearance you have will be affected by the filing of either a peace or protective order against you;
- Landlords around Montgomery Village may be unwilling to rent to you if you are the respondent in a peace or protective order;
- Employers may be reluctant to hire you;
- Banks may choose not to extend credit to you;
- If you are a party in a domestic relations case, any custody arrangement with your child could be jeopardized;
- Peace orders could have immigration consequences;
- All statements you make in the peace order or protective order case will be used against you if police later charge you with a crime in the same matter or related matter.