Seeking a Peace or Protective Order?
Have you been the subject of an improperly filed peace or protective order?
In order to get a peace order or protective order from a District Court judge, District Court commissioner, or Circuit Court judge, we can guide you through the procedure. But anyone involved in the peace or protective order processes should be aware of the legal pitfalls they might encounter as well as the implications such orders may have for their immigration status or their secret and top secret security clearances.
Call us right away if you need a lawyer in Rockville, Silver Spring, or the neighboring counties of Prince George’s, Frederick, or Howard Counties that has a lot of expertise administering peace orders or protection orders.
Peace Orders and Protective Orders Greenbelt MD
What are Peace Orders and Protective Orders in Maryland?
Protective orders are a sort of restraining order that may be given to family members or housemates of the individual making the order request. When it comes to married persons or people in other kinds of intimate relationships, protective orders are also used. The “petitioner” is the person asking for the order, while the “respondent” is the party being served with it.
Similar to restraining orders, peace orders can be served on anyone who is not linked to or residing with the individual who requested the order from the court. Whether the subject of the order lives in Greenbelt or somewhere else, they could be a friend, acquaintance, neighbor, or total stranger. The court’s order states that individual is not to approach the party that brought the case.
First Steps in the Process
The temporary order is given to the local law enforcement to serve on the respondent after the court issues it. The order forbids the respondent from contacting the petitioner or visiting the petitioner’s home, place of employment, or place of attendance, and it takes effect as soon as it is served. A week later, a judge will hear the petitioner and respondent in a final hearing before making a ruling. A final order is made if the judge determines through clear and persuasive evidence that the respondent assaulted or engaged in other unlawful behavior, threatened, stalked, or harassed the petitioner.
Petitioners
To request a peace order or protection order, a petitioner must appear before the District Court of Maryland. The person is required to draft, complete, and submit a petition as well as give a judge or commissioner some time-limited testimony. Whether or not an order should be issued that day is decided by this judge or commissioner. You should research the pertinent statutes (laws) (3-1501, Courts and Judicial Proceedings, or 4-501, Family Law Article) to ascertain your eligibility before submitting an application for one of these orders. Additionally, be sure to give the court the precise details of what occurred. Additionally, confirm that the actions you are complaining about occurred within the legal filing deadlines: Orders for peace are valid for 30 days, but most protective orders have no set duration.
Quick Tips
Violence-related acts can occasionally be the cause of these injuries. If someone else caused your injuries, you must present the court with proof of the type and severity of your injuries, including pictures, videos, medical records, and any other pertinent paperwork. You should also keep any relevant electronic evidence that is pertinent to your case. Emails and SMS messages fall under this category.
Respondents
If you have been named as a respondent in a peace or protective order case, it is crucial that you show up for all court hearings and follow all court directions. Be mindful that you may also be subject to criminal prosecution for the alleged behavior that led to the order or for any claimed violations of the order. If police attempt to speak with you, be aware that any information or justifications you provide could be used against you in a criminal or restraining order proceeding.
Before attempting to manage a peace or protective order on their own, a respondent should be aware of a number of things, including:
- Both peace order and protective order cases must be posted by Maryland courts on the Maryland case search. All cases currently being heard in Maryland courts are listed in the case search public database;
- Any peace or protection order filed against you will have an impact on any security clearance you may have;
- If you are the respondent in a peace or protective order, landlords in the Greenbelt region could be reluctant to rent to you;
- Employers can be hesitant to give you a job;
- Banks could decide not to give you credit;
- Any child custody arrangement could be in jeopardy if you are a party in a domestic relations dispute;
- Immigration issues could be raised by peace orders;
- If police later charge you with a crime in the same matter or a connected situation, the statements you make in the peace order or protective order case will be used against you.