Seeking a Peace or Protective Order?

Have you been the subject of an improperly obtained 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.

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Call (301) 762-7007 now or click the button below.

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

Peace Orders and Protective Orders Hyattsville MD

What are Peace Orders and Protective Orders in Maryland?

You may require a restraining order for your own safety and peace of mind if you reside in Hyattsville and are being harassed or threatened by a friend or acquaintance, a neighbor, or even a complete stranger. Peace orders are a sort of restraining order that tells someone who is not your relative or roommate to leave you alone and stay away. The “petitioner” is the party asking for the order, while the “respondent” is the party receiving the order.
Similar to restraining orders, protective orders are only granted to individuals who are related to or residing with the petitioner. When it comes to married persons or people in other kinds of intimate relationships, protective orders are also used.

First Steps in the Process

Local law enforcement is provided a copy of any temporary orders issued by the court so they can serve the respondent. Once served, the order takes effect and forbids the respondent from speaking with or approaching the petitioner. A week later, there will be a final hearing where both sides can present their arguments before the court, who will then make the ultimate decision. 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

The petitioner must go to the District Court of Maryland, complete and file a petition, and then give a judge or a commissioner a brief statement in order to get a peace order or protection order. The judge or commissioner will make their decision regarding whether or not to issue an order based on the testimony and any further material presented. 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 criticizing occurred within the legal time frames for submitting a complaint: 30 days for peace orders and no specified time frame for the majority of protective orders.

Quick Tips

If the respondent was responsible for any physical harm, you must show the judge the type and severity of your wounds. This may consist of images, medical records, or other records. Additionally, you should keep any pertinent technological evidence, such as emails, videos, voicemails, and text messages.

Respondents

Respondents in a matter involving a peace order or protection order must be aware of their rights and responsibilities. It’s crucial to realize that the actions described in the petition could also subject you to criminal prosecution. If you disregard the order, you might also be charged with a crime. Any information or justifications you provide the police during an interview may very possibly be used against you in the criminal or restraining order case.

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, Hyattsville landlords might be reluctant to rent to you;
  • There’s a chance that DC-area employers won’t want to hire you;
  • 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.

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

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