Do you need a protective order but aren’t sure where to begin the process? If so, you’re not alone. It’s overwhelming when you are unsure of what to do when seeking a protective order. You’re probably wondering what your options are and what your next steps should be.
At Jeremy Widder Law, we’re here to help you understand your options and clarify the legal jargon that comes along with complex situations like this.
Maryland has three types of protective orders, and each one has different requirements your case must meet to apply. In this article, we’ll explain each type and its requirements in simple terms so you and a domestic violence attorney can get your protective order enacted quickly and safely.
3 Types of Protective Orders
Type 1: Interim Protective Order
The first type of protective order in Maryland serves as a stepping stone towards the other two. Interim protective orders (IPOs) give you temporary protection from your abuser between the time you file and when you can get a temporary protective order hearing in front of a judge (which usually happens in one or two days). An IPO will be granted immediately upon filing.
An IPO can require your abuser to comply with any or all of the following:
- Stop abusing you (physically or verbally) and stop threatening you
- No longer contact you for any reason and stop entering your home as well as the homes of your family members
- Avoid you and your child’s home, workplace, or school
- If they share a residence with you and you are spouses, they must vacate the property, and the judge may grant you temporary control of it
- If you share a residence and aren’t spouses, the judge will award you temporary custody if you’ve lived there for at least 90 days in the past year or if your name is on the lease
- In instances of child abuse, the judge will award you custody (a judge can order law enforcement to bring you the child if your abuser doesn’t comply)
- In instances of adult or elder abuse, the judge will give temporary use of the home to the victim
A hearing is not required to receive an IPO, and you don’t need to present evidence. However, as you progress through the following steps, hearings will take place, and you’ll need to make your case. It’s best to have a domestic violence attorney help you through the process.
Type 2: Temporary Protective Order
The temporary protective order (TPO) stage begins with a hearing where both you and the abuser will appear before a judge. This type of protective order lasts for seven days. Once that time has passed, there will be another hearing, this time for a final protective order. If your abuser doesn’t appear for the TPO hearing, it will proceed without them.
In addition to the protections granted by an IPO, a TPO may require your abuser to forfeit all guns in their possession to law enforcement if they caused or threatened to cause serious bodily harm to you, with or without the use of firearms.
Type 3: Final Protective Order
The hearing for a final protective order begins only after the abuser named receives notice of the hearing. The goal of an FPO hearing is to convince the judge that abuse occurred. A family law attorney will assist you with this. Often evidence of abuse includes medical records, photographs, and audio and video recordings.
If granted by a judge, an FPO offers the same protections as a TPO, as well as:
- Ordering the abuser to pay child support, spousal support, or both
- Ordering the abuser to pay costs associated with you filing for the protective order
- Granting you temporary ownership of a vehicle you and the abuser own if a judge deems it necessary
- Ordering the abuser to undergo a counseling program
- If you and the abuser parent children together, the judge may establish visitation conditions or deny visitation entirely if they feel it would jeopardize you or your child’s wellbeing
A judge may make additional rulings if they believe it would help you protect yourself.
An FPO can initially last between twelve and eighteen months. However, this can be extended to two years if you previously had a protective order against your abuser and they abused within one year of it expiring. You may also apply to have an FBO extended, including making it permanent.
You could petition to have your protective order become permanent if your abuser served five years in prison for the initial abuse or a new abuse case. Once permanent, there is no need to apply for extensions.
How Do I Get a Protective Order?
First, you need to understand if you qualify for a protective order. In Maryland, you can file on behalf of yourself or your child if either of you were abused by:
- Your spouse
- Someone you’ve lived with
- Someone you had a sexual relationship with (even if they didn’t live with you)
- Someone who is a legal relative
- Someone you share a child with (not necessarily the victim)
- Someone who sexually assaulted you in the past six months
If the victim is a minor or adult who can’t care for themselves, the following people can file on their behalf:
- An adult living with the abused
- The Department of Social Services
- The State’s attorney
- A legal relative of the abused
The abused adult or minor can also file on their behalf if they have the capacity to.
Don’t Hesitate if You Are in Need of a Protective Order
With years of experience, 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 domestic violence attorney.
