Protective Orders

Stalking

Stalking means a malicious course of conduct that includes approaching or pursuing another where:

The person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:

1. of serious bodily injury;
2. of an assault in any degree;
3. of rape or sexual offense as defined by §§ 3-303 through 3-308 of this title or attempted rape or sexual offense in any degree;
4. of false imprisonment; or
5. of death; or
6. that a third person likely will suffer any of the acts listed in item 1 of this item; or the person intends to cause or knows or reasonably should have known that the conduct would cause serious emotional distress to another; and

(2) “stalking” includes conduct described in item (1) of this subsection that occurs:

In-person

by electronic communication: texting, emailing, posting on social media sites, and direct messaging; or through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent.

Threats of imminent serious bodily harm or injury and assault

reckless or intentional behavior that the person filing reasonably believes will cause serious bodily harm or injury to them.

Assault

Three types:

1. Intent to frighten someone – placing the victim in reasonable fear of being hit;
2. attempted battery – trying to hurt or touch someone against their wishes but not making contact;
3. battery, unlawful touching.

Petitioners (filers)

To get a protective order, a petitioner can go to a District Court and provide a few minutes of testimony to a judge or a commissioner. This judge or commissioner will decide whether or not an order should be issued. Before applying for one of these orders, you should review the relevant statutes (laws) (§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 what happened to you. Also, be aware that the acts that you are complaining of need not have occurred within any time limit for most protective orders.

Once the temporary order is issued, the court gives it to local law enforcement to be served on the respondent. The order becomes effective once it is served, and it prohibits the respondent from contacting the petitioner and in many cases requires the respondent to vacate where they are living. A final hearing is scheduled a week later where the parties’ case is then 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.

Respondents

If you have been named as a respondent in a protective order case, remember that you could also be facing criminal charges for the same acts. In addition, if the police attempt to interview you, they may well use whatever information or explanations you give them against you in either the criminal or restraining order case.