WHY THE ENTRY OF A PROTECTIVE ORDER AGAINST YOU COULD HAVE THE SAME EFFECT AS IF YOU WERE CONVICTED OF A CRIME
In Maryland Law, a Petition for a Protective Order, as well as the granting of a Temporary or Final Order, are part of civil procedure. In a protective order case, the Petitioner files for protection from the Respondent, and at the hearing for a Final Order. The police and the Office of the […]
Appellate Court of Maryland Decides Important Protective Order Case Issue: Parent commits ‘Mental Injury of a Child’ by berating child over child’s sexual orientation GalleryAppellate Court of Maryland Decides Important Protective Order Case Issue: Parent commits ‘Mental Injury of a Child’ by berating child over child’s sexual orientation
Appellate Court of Maryland Decides Important Protective Order Case Issue: Parent commits ‘Mental Injury of a Child’ by berating child over child’s sexual orientation
In the case of C.M. v. J.M., Maryland’s mid-level appellate court recently decided in a published Opinion that a parent’s demeaning comments about his two adolescent children’s sexual orientation could serve as the basis for the granting of a final protective order. The court decided that a father who had repeatedly communicated in […]
Electronic Stalking in Maryland
In the 2022 General Assembly session, the Maryland Legislature expanded the law of Stalking. In response to decisions in the courts and to public sentiments against stalking behavior through electronic devices, Maryland lawmakers added a new provision to the Stalking law, which included cyberstalking as a potential basis for the criminal charge of […]
What to Do If Revenge Porn Happens to You
Imagine you are at the beach in Ocean City, Maryland with your wife and children. It’s a beautiful summer day and you take a “selfie” of yourself and your family to have a memory of the day. There are other beachgoers in the background of your picture. You decide that the picture looks […]
WHAT ARE THE PROFESSIONAL AND PERSONAL RISKS OF A PROTECTIVE ORDER?
Protective Orders in the State of Maryland arise in a civil proceeding in which the Petitioner must establish, by a preponderance of the evidence, that domestic abuse occurred against him or her. Often, the person who caused the abuse is ordered to stay away from the person who was harmed, as well as […]
Witness Testimony is Evidence That May Make or Break Your Case
Everyone relates best to the testimony of a witness sitting just a few feet away from them. Data shows that the in-court testimony of a witness can still make or break your case with judges and juries. As such, a trial lawyer’s job consists of using his side’s witnesses to help him tell […]
Maryland’s Changing Legal Landscape Over Possession of Marijuana
Marijuana laws in the United States are currently an ever-changing patchwork. Bills have been introduced in Congress to legalize marijuana and a number of states have legalized medical marijuana (37 states & DC) and recreational marijuana (18 states & DC). While Maryland has a medical marijuana law, generally marijuana is still considered contraband […]
How to Testify Effectively in Court
If you find yourself as a witness or party to a case in court, adopting the suggestions we offer may improve the strength of your testimony. This article offers you several skills to employ. It is not a substitute for more intensive preparation offered by a skilled trial lawyer:
1) Dress neatly and conservatively. […]
Can Someone Modify or Rescind a Protective Order?
If a Protective Order is in place, a Court can modify or rescind (void) it at any time during the term that the Order is in effect upon a showing of “good cause”.
Under Maryland Law, a Court can issue a Final Protective Order for up to one year. Any requested modification can be […]
2021 CHANGES TO MARYLAND PROTECTIVE AND PEACE ORDER STATUTES
Protective Orders
Under Md. FAMILY LAW Code Ann. § 4-501, et seq., a new category of persons eligible for relief has been added. This change by the legislature now permits “an individual who alleges that the respondent committed, within 6 months before the filing of the petition, rape or a sexual offense in any […]
Top Legal Questions for Victims of Domestic Violence
What exactly is meant by the term Domestic Violence?
When most people hear the term “domestic violence,” they often assume some physical abuse is occurring. According to experts, domestic violence is measured by fear and not just physical violence. It is perhaps best understood as any abusive behavior that occurs within the home, whether […]
WHAT QUALIFIES AS PAIN AND SUFFERING IN A PERSONAL INJURY CASE?
Personal injury attorneys often advertise that they will “get you paid” for your pain and suffering. But what exactly does “pain and suffering” mean in a legal sense, and how do you prove or demonstrate pain and suffering?
Most automobile accidents result in injuries, even if they do not result in […]
Can You Drop a Protective Order?
It is all too common that a spouse files a petition for a protective order in the heat of the moment, then upon reflection wishes to withdraw his/her petition. Is there a legal way to drop a protective order?
Dropping The Interim Or Temporary Protective Order
What To Do If You Are In A Car Accident
Every day on Maryland roads, drivers are involved in traffic accidents. Many accidents are minor fender-benders, but more serious ones can result in serious damage to property as well as injuries or even death. The Maryland Motor Vehicle Administration (MVA) reported that in 2019, 32,918 people were injured in car accidents in the State […]
Your Protective Order Case: What is Emergency Family Maintenance?
What happens in a protective order case when you are asked to pay “support” money when the protective order lasts? Or you require money to support yourself and your family after the court has ordered the parent of your children out of the house for one year.
Support for minor children or of […]
Ten Steps to Obtaining a Protective Order
Whether you have been threatened with violence by a household member or have been falsely accused of committing a violent act against a member of your family, you should acquaint yourself with the Maryland Protective Order process. A Maryland protective order is a type of restraining order which can be issued by a […]
Extreme Risk Protective Orders
In 2018, the Maryland Legislature passed a bill signed into law by Governor Hogan creating Maryland’s Extreme Risk Protective Order (ERPO). This kind of protective order is specific to a person who poses an immediate and present danger of causing personal injury to self or others by having firearms. This kind of […]
Common Questions About Peace and Protective Orders in Maryland
Q: What is an Emergency Protective Order or Peace Order?
A: This is a term some people use to refer to Protective Orders and Peace Orders. There are no such terms as Emergency Protective or Emergency Peace Orders in Maryland. All such orders are obtained the same way and issued on an emergency […]
What Is the Difference Between a Peace Order and a Protective Order?
When a person in Maryland feels like they are being threatened, harassed, or abused by another person, there are two ways the person can petition a court for relief: through a peace order or a protective order. But what is the difference?
A Protective Order is a type […]
Do Peace Orders Go on Your Record?
What if you are the person falsely accused of harassment who is served with a temporary peace order in Maryland? Does this go on your “record”?
Under Maryland law, anyone may petition a court or commissioner to request a halt to what they believe is abusive, threatening, harmful, or harassing […]
How To Fill Out A Financial Statement For EFM
If you are the prevailing partner in a protective order case, you may qualify for Emergency Family Maintenance (EFM). You may know that in any case involving a child or children, or in a case where the partners are married, you are entitled to ask the Court for Emergency Family Maintenance. However, […]
How an Attorney Helps a Crime Victim Win in Court
In Maryland, victims of crime have important rights. Maryland Criminal Procedure Article § 11-1002 offers guidelines for helping victims of a crime, declaring that they should be treated with “dignity, respect, courtesy, and sensitivity”.
Unfortunately, due to heavy caseloads, crime victims are sometimes lost from the view of those who are responsible for […]
Sending a Cease and Desist Letter Represents a Less Costly Way of Getting Your Abusive Neighbor to Stop Harassing You. But Will It Work?
When you’d like to stop someone from harassing you with annoying or dangerous conduct, the law requires that you first tell them to stop before you can file a peace order against them. An effective and relatively inexpensive way to do this is to send that person a cease and desist letter.
What is […]
October Update on Maryland Courts
Published October 9, 2020 by Marc Emden
All Courts in Maryland are slowly reopening their doors to members of the public.
Jury trials for example have begun to take place throughout several counties in the State of Maryland, like Montgomery and Frederick Counties and Baltimore City
Many […]
Does Sending the offender a Cease and Desist Letter stop the Harassment?
While Maryland’s harassment laws do not require the victim to formally request the harasser to stop by letter, some documentation goes a long way in establishing your displeasure with the offender’s actions—hence the cease and desist letter- often at a lower cost than hiring an attorney to pursue other actions.
What is a cease […]