Seeking a Peace or Protective Order?
A Peace or Protective Order Has Been Wrongfully Filed Against You, Have They?
We can help you get a peace order or protective order from a Circuit Court judge, District Court commissioner, or District Court judge. However, persons who have become involved in the peace or protective order process should be aware of the possible pitfalls they may encounter in court as well as the implications these orders may have for their immigration status or their top secret and secret security clearances.
Please give us a call right away if you need a lawyer in Rockville, Silver Spring, or the neighboring counties of Prince George’s, Frederick, or Howard Counties who has a lot of expertise administering peace orders or protective orders.
Peace Orders and Protective Orders Laurel MD
What are Peace Orders and Protective Orders in Maryland?
A sort of restraining order known as a protective order may be issued against someone who is a relative of the person who filed the request or who resides with them. In cases involving married people or individuals in other kinds of intimate relationships, protective orders are also applied. The term “petitioner” refers to the party requesting an order, and the term “respondent” refers to the person being served with the order.
Similar to restraining orders, peace orders can be delivered to anyone who is not linked to or residing with the individual who requested the court to issue it. Whether they reside in Laurel or somewhere else, the individual the order is filed against could be a friend, acquaintance, neighbor, or total stranger. That person must obey the order and keep their distance from the court-filed party.
First Steps in the Process
The court then hands the temporary order to the local law enforcement so that the respondent can be served with it. The order forbids the respondent from getting in touch with or visiting the petitioner at their residence, place of employment, or place of education as soon as it is served. The petitioner and respondent will be heard by a judge who will make the final decision at a final hearing that is set for one week later. A final order is made if the judge concludes that the respondent assaulted the petitioner or engaged in other unlawful behavior, made threats against the petitioner, stalked or harassed the petitioner, or engaged in any of these actions.
Petitioners
When asking for a peace order or protective order, the petitioner must appear before Maryland’s District Court. A petition must be written and submitted, and the applicant is required to give a court or a commissioner some time in which to hear their case. The decision to issue an order or not is made that day by this judge or commissioner. You should check the applicable statutes (laws) (3-1501, Courts and Judicial Proceedings, or 4-501, Family Law Article) to see if you qualify to receive these types of orders before submitting an application for one of them. Additionally, be sure to give the court all of the pertinent information about what occurred. Aside from that, confirm that the actions you are criticizing occurred within the legal filing deadlines: While most protection orders have no set duration, peace orders have a 30-day time limit.
Quick Tips
Violence-related acts can occasionally be a factor in these kinds of injuries. In the event that you have been hurt due to someone else’s negligence, 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. Any relevant electronic evidence should also be preserved in your case. Emails or texts may be included in this.
Respondents
If you are a respondent in a peace or protective order case, it is crucial that you appear in court for all scheduled sessions and follow all court directions. Recognize that the action that is allegedly the cause of the order, as well as any purported violations of the order, may also result in criminal proceedings against you. Any information or justifications you provide to the police during an interview can and might be used against you in a criminal or restraining order case, so be careful if they try to question you.
A respondent should be aware of the following before attempting to manage a peace or protective order on their own:
- Both peace order and protective order cases must be posted on the Maryland case search by Maryland courts. All active cases in Maryland courts are listed in the case search public database;
- If a peace or protective order is filed against you, it will damage whatever security clearance you may have;
- If you are the subject of a peace or protective order, some landlords in the Laurel neighborhood could be reluctant to rent to you;
- There’s a chance employers won’t want to hire you;
- You could be rejected by banks for credit;
- Any child custody agreement you have could be in jeopardy if you are a party in a domestic relations dispute;
- Immigration issues may arise as a result of peace orders.
- In the event that you are later accused of a crime in connection with the peace order or protective order case, all statements you make will be used against you.