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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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:
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 […]
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 […]
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 […]
It is all too common that a spouse files a petition for aprotective 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
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 […]
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.
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 […]
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 […]
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 […]
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?
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, […]
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 […]
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.
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.
There are many situations in which you can create a private agreement between yourself and the petitioner. These agreements can help you avoid the many risks that come about from the public disclosure of your peace or protective order matter.