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Facts You Should Know Before You File A Protective Order in Maryland

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By Marc Emden

If you have been abused by a family member or someone with whom you are in a romantic relationship, you are eligible to file a Petition for Protective Order against the person responsible for the abuse.

While filing the Petition itself may seem straightforward, there are a few things you may not know about the legal process.

Some Counties Allow You to Testify by Video Conferencing

So far, Montgomery County is the only county which allows Petitioner’s to testify via video conferencing (without going to court) for the initial temporary protective order. Other counties may soon follow this practice.

You May Bring a Companion to Court to Assist and Support You

If you have been harmed by the Respondent, you may feel distracted or upset at the thought of having to face the legal system or the person who harmed you. Having a friend or loved one with you will help solidify you for court. Moreover, even though they can not prompt you while you testify, their presence alone may also empower you.

What Interim and Temporary Protective Orders Do

For Interim and Temporary Protective Orders, the judge can:

  • Order your abuser to move out of the home where you both live
  • Order your abuser to stay away from your child care provider
  • Grant you temporary custody of your children
  • Grant you temporary use and possession of the home, if you live together
  • Grant protections for your children, friends, family members, or pets who have been threatened or hurt by your abuser
  • Order the surrender of firearms to law enforcement.

Make Sure the Peace or Protective Order Has Been Served

Before you return home or go to a place where your abuser might be located, make sure the order has been served. You can find this out by contacting the law enforcement agency that serves the orders in your area. You can also sign up for VINE Protective Order (VPO), a service that will notify you by phone or email when Sheriff serves the Protective Order.

The Date of the Final Protective Order

The Temporary Order will list the date for your Final Protective Order hearing which will be in about seven days. In addition to the other remedies listed above, the judge can also order Respondent to :

  • Stop abusing or threatening to abuse you
  • Stop contacting, attempting to contact, or harassing you
  • Stay away from your work, school, or residence.

For Final Protective Orders, you can also request that the judge add provisions concerning:

  • Professional counseling
  • Financial support
  • Visitation arrangements
  • Temporary use and possession of a vehicle
  • Any other relief that the judge determines is necessary to protect you, i.e. obtaining important documents, providing health insurance, or staying away from a specific place.

Conclusion

No one has the right to abuse you. While getting your life back is hard, Maryland’s domestic violence law offers a well-crafted plan to help you reclaim your life.

By Marc Emden, President of Emdenlaw
200A Monroe Street, #200
Rockville, Maryland 20850
(301)762-7007
MEmden@Emdenlaw.com

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What You Should Do If You Cause a Car Accident

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While causing an car accident can cause get stress, there are good and bad ways to handle a wreck. If you truly caused the accident, like a rear end collision, first admit it to yourself: “I probably messed up.” This step will help you focus on your legal responsibilities. Learn More.

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Can a Driving While Under the Influence Conviction Prevent My Citizenship?

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While it is still possible to become a citizen with a DUI charge, you will be required to prove to ICE that you are still a person with “good moral character”. Learn More.

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Felony vs. Misdemeanor Charges in Maryland

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If you are charged with a felony in the State of Maryland, the general rule implies that you are facing at least one year of potential jail time for the charge.  Misdemeanor charges usually carrying a  maximum in jail of one year or less. Learn More.

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Protective and Peace Orders – Maryland Law

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Whether you’re the person filing for a protective order (Petitioner) or the person against whom the Protective Order is filed (Respondent), Maryland law gives the parties a period of up to six months to decide whether to seek a final protective order or to dismiss the case, if they choose to.

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Some of the Ways in Which Marijuana and Other Drugs are Sent in the Mail

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With legalization of marijuana in places like Colorado and its decriminalization elsewhere, more marijuana is now being shipped through the U.S. mail than in recent years, according to the U.S. Postal Inspection Service, whose seizures of marijuana parcels have increased by more than 400 percent since 2007.

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Body Camera Use by Law Enforcement in Maryland

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The creation of body cameras has added a new and helpful additional weapon to law enforcement as well as criminal defense work. No longer will any of us have to rely solely upon witness accounts of criminal activity. Learn More.

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Hiring a Lawyer for Your Criminal or DUI / DWI Case

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While the answers to questions you ask your lawyer will vary widely, it is important to keep in mind that nothing should be taken as a guarantee. Instead, these questions should give you some general knowledge of a specific lawyer’s experience and skill-level, and whether the lawyer is a good fit for you. Learn More

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Supreme Court News on Criminal Law in Rockville

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On June 23, 2016, the Supreme Court decided the case of Birchfield v. North Dakota. As we described in our previous blog on criminal law, the Court in Birchfield took up the issue of whether under the United States Constitution, a state can punish someone by suspending their right to drive simply because they refused to take a blood or breath. Learn More.

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Police Use Cell Phone Tracking Technology in Maryland

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With the pervasiveness of cell phones, police are using GPS coordinates for cell phone tracking and to track the location of crime suspects. However, in their zeal to make arrests, the police have been secretly and illegally using high tech equipment to locate suspects in a wide range of cases, including murder, robbery, and drug-related offences.

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