This write-up contains delicate subject matter and involves legal information pertaining to domestic violence and sexual assault, so please be aware if you are senstive to either of those subjects.
This article will go over protective orders, domestic violence and similar subjects pertaining to the law in Maryland. If you need this information for another state, please go to The National Domestic Violence Hotline at https://www.thehotline.org/ which is available 24/7 to anyone who is looking for information or help.
What is a protective order?
A domestic violence protective order is a civil order that protects a victim of domestic abuse from harm by someone with whom they have a relationship, a vulnerable adult from abuse by any person regardless of their relationship, or a child who is sexually abused (by anyone) or physically or mentally injured by a parent, family/household member, caretaker or others. This is Maryland’s version of a restraining order.
Protective orders may be filed at any time by the person abused or threatened with violence from a person who is either the spouse, ex-spouse, domestic partner, someone with whom they share a child with, someone they have dated or had a sexual relationship with, or are the current or ex-partner (not currently married) of.
If the abuser is someone who doesn’t fit into any of those categories, such as a friend, acquaintance, neighbor, or a complete stranger, then the victim should file a peace order instead of a protective order.
The victim (also called petitioner in this article) must fill out a petition for the court before filing to get a protective order. The petition must be under oath and include:
- The history of abuse, including previous injuries resulting from the abuse
- Any previous or pending actions between the spouses
- The whereabouts of the abuser, if known
- The financial resources of the abuser, if financial relief is being requested
- The whereabouts of a child or vulnerable adult in the case of abuse against either
Types of protective orders
After filling, there are three separate orders that are available, each one grants more protections and lasts longer than the last.
- The first type is an interim protective order (IPO). A district court commissioner issues these orders when courts are closed, which are times outside of 8:30-4:30, Monday-Friday, and on federal holidays. This order lasts for 48 hours or until the second day once the courts are open.
- The second type is called a temporary protective order (TPO). This order is one that a judge initially issues at the end of 48 hours or if the victim has filed a petition with the court during normal business hours. The courts enter these orders provided that it finds that the petitioner has demonstrated “reasonable grounds” that they or another person eligible for relief has been a victim of abuse. This order lasts for about one week or until the final protective order hearing is held.
- The third type is a final protective order (FPO). The court may issue a final protective order If the Petitioner has proved grounds of abuse by higher standard called a “preponderance of evidence.” A Final Protective Order may be granted for as long as one year. The court may extend the term of the Final Protective Order for an additional six months after a further hearing of more evidence as needed by the petitioner. Because the burden of proof is always on the petitioner in protection order cases, the petitioner should try to have as much evidence as possible, such as photographs or medical reports of injuries. In addition, the petitioner should save/screenshot any electronic evidence which is relevant to their case. This may include text messages or emails.
Protections for Petitioner
Here is a list of the basic protections a protection order will grant a victim. Keep in mind there are varying degrees and times in which these protections are upheld. The respondent could be ordered to:
- Stop subsequent acts of abuse or threats to abuse you.
- Cease harassment and any attempts to contact you in any capacity.
- Stay out of your home.
- Stay away from your job, school, or shelter.
- Stay away from your childcare – If the petitioner and respondent have a child together.
- Order to Vacate – If the petitioner and respondent live together, the judge may order the respondent to vacate the home.
- Participate in a counseling program.
- Surrender firearms.
- Pay money to help support you during the order (if you are married).
- Pay support for the children (if you have children with the respondent).
- Hand over temporary custody of any pets you share with the respondent.
- Hand over temporary custody of any children you have with the respondent.
Don’t Hesitate if You Are in Need of a Protective Order
With years of experience behind us, Jeremy Widder Law knows how to handle protective orders and peace orders. Always leading with compassion, we will deliver top-notch legal services backed by years of experience. If you are considering or currently dealing with a protective order or restraining order, now is the time to talk with an attorney who will be your advocate. Contact Jeremy Widder Law today, and get the legal protection of an experienced Maryland attorney.
