Seeking a Peace or Protective Order?

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.

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eBook - The Guide to Protective Orders in MD PDF
eBook - The Guide to Protective Orders in MD PDF

What are Peace Orders and Protective Orders in Maryland?

If you live in Glen Echo and you are being harassed or abused by a person in your area, such as a friend, acquaintance, neighbor or complete stranger, you may need to file for a peace order.  Peace orders are a type of restraining order that requires a person who is not related to or living with to stay away from the person filing with the court.  The party seeking an order is known as the “petitioner” and the party receiving 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

When you see a judge or commissioner, you present evidence that the other person has harassed or otherwise abused you within the last 30 days.  If the evidence meets the requirement in the statute, a temporary order is issued, which the court gives it to local law enforcement to be served on the respondent. The order becomes effective once it is served, and it prohibits the respondent from contacting the petitioner. A final hearing is normally scheduled approximately a week later.  The parties’ case is then heard by a judge who makes a final decision. If the judge finds by clear and convincing evidence that the respondent committed assault or other acts, made threats, stalked, or harassed the petitioner, then a final order is issued.

Petitioners

To get a peace order or protective order, the person who is being abused or harassed needs to go to a District Court and provide a few minutes of testimony to a judge or a commissioner.  This judge or commissioner decides whether or not an order should be issued based on the testimony. Before applying for one these orders, you should review the relevant statutes (laws) (§3-1501, Courts and Judicial Proceedings, or §4-501, Family Law Article) to determine whether you are entitled to receive these types of orders.  It is important for you to provide the judge (or commissioner) with the specific facts about happened to you.  Also, be sure that the acts which you are complaining about occurred within the time periods required for filing under the law: 30 days for peace orders, no stated 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, including emails and text messages.

Respondents

If you have been named as a respondent in a peace or protective order case, it is important to follow any Orders issued by the Court and attend all hearing dates.  Depending on the facts of the case, you could also be facing criminal charges for the same acts alleged in the peace order or protective order case.  In addition, if the police attempt to interview you, they may well use whatever information or explanations you give them against you 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 peace order and protective order cases on the Maryland 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 may be unwilling to rent to you in the Glen Echo area if you are the respondent in a peace or protective order;
  • Employers may be reluctant to hire you, especially if the job requires a security clearance or background check;
  • 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.

If You Want to Consult With Me About Your Case, Please Schedule a Consultation

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