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.
What are Peace Orders and Protective Orders in Maryland?
Protective orders are a type of restraining order that can be served on people who are relatives of, or who live with, the person who requested the order. Protective orders are also used when the matter concerns married people or those involved in other types of romantic relationships. The party seeking an order is known as the “petitioner” and the party receiving an order is known as the “respondent”.
Peace orders are a similar type of restraining order that can be served on anyone is not related to or living with the person who petitioned the court to issue it. The person the order is filed against could be a friend, acquaintance, neighbor or a complete stranger, whether the person lives in Spencerville or some other place. The order requires that person to stay away from the person who filed with the court.
First Steps in the Process
Once the temporary order is issued, the court gives it to local law enforcement to be served on the respondent. The order becomes effective as soon as it is served, and it prohibits the respondent from contacting the petitioner or going to the petitioner’s home, school or workplace. A final hearing is scheduled a week later where the petitioner and respondent are 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
A petitioner must go to the District Court of Maryland to petition for a peace order or protective order. The person must prepare and file a petition, and provide a few minutes of testimony to a judge or a commissioner. This judge or commissioner decides that day whether or not an order should be issued. 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. In addition, make sure that you provide the judge 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
These kinds of injuries sometimes involve acts of violence. If you have been injured by the act of someone else, you should provide the court with evidence of the nature and extent of your injuries, to include photographs or videos, medical reports or any other documentation that is relevant. In addition, you should preserve any electronic evidence which is relevant to your case. This may include text messages or emails.
Respondents
It is important to attend all court dates and obey all court orders if you have been named as a respondent in a peace or protective order case. Be aware that you could also be facing criminal charges for the conduct alleged as the basis for the order, or for any alleged vi0lations of the order. If police attempt to interview you, keep in mind that whatever information or explanations you give them they can and may use 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 in the Spencerville area 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.