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 States Attorney [...]
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 person and [...]
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 his [...]
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 with [...]
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 degree [...]
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 [...]
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 In Maryland, when you file a petition for a [...]
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 a spouse [...]
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 Judge in [...]
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 temporary order has [...]
