Skip to content. A person who alleges that within 6 months before the filing of the petition, the respondent committed rape or a sexual offense or attempted rape or sexual offense. If the Court is closed on the day the order is due to expire, the order remains in effect until the court holds a Final Protective Order hearing. Bankruptcy. (1) (i) The temporary protective order shall state the date and time of the final protective order hearing. Commissioner’s offices are open and available 24 hours a day, 7 days a week around the state. Protective Orders. (1) If the respondent appears before the court at a protective order hearing or has been served with an interim or temporary protective order, or the court otherwise has personal jurisdiction over the respondent, the judge: (i) may proceed with the final protective order hearing; and. (2) A copy of the final protective order served on the respondent in accordance with paragraph (1) of this subsection constitutes actual notice to the respondent of the contents of the final protective order. The interim order will state the date, time and location of the hearing for a temporary protective order… Details on Who is Eligible for a Protective Order. The relationship between the respondent (person alleged to have committed the prohibited act) and the petitioner (person seeking protection) determines the Petition to be filed. (ii) Except as provided in § 4-505 (c) of this subtitle, or unless continued for good cause, the final protective order hearing shall be held no later than 7 days after the temporary protective order is served on the respondent. This is an important step that many people fail to do. The judge can also order “no abuse,” or “no abusive contact,” which means that your abuser cannot abuse you, but could contact you for other purposes. NOTE: If you have an Interim Protective Order, you do not need to see the Clerk. In the State of Maryland, there is a protective order statute that basically says that if person A files a protective order against person B and person B simply agrees with it and doesn't defend against the claims, they can get the item shielded from records. On motion of a party, a person from whom discovery is sought, or a person named or … -- A respondent under § 4-505 of this subtitle shall have an opportunity to be heard on the question of whether the judge should issue a final protective order. An order of protection in Maryland (and most other states) is also termed a domestic violence protective order (DVPO). To be eligible for a protective order, you must fall into one of these categories: For more detail about these eligibility requirements, read Details on Who is Eligible for a Protective Order. Md. You must attend a Temporary Protective Order hearing to extend the length and scope of protection contained in the Interim Protective Order. Chapter 7 Bankruptcy. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Whether you're on the requesting or receiving end of a Maryland peace order, there are important legal implications once one is issued. It is also important to present documentation and discuss reasons why you may need financial assistance during the pendency of the Final Protective Order. West's Annotated Code of Maryland . (1) Before granting, denying, or modifying a final protective order under this section, the court shall review all open and shielded court records involving the person eligible for relief and the respondent, including records of proceedings under: (ii) Title 3, Subtitle 15 of the Courts Article; and. (iv) in at least 10-point bold type, that the respondent must notify the court in writing of any change of address. Modifying a Maryland Protective Order A protective order can be modified or vacated when the petitioner files a request in writing to have the order vacated or modified. Depending on your specific circumstances, the Commissioner may order as relief any (or all) of the following: The Commissioner will forward the Interim Protective Order to law enforcement and the District Court. Temporary extreme risk protective order § 5-605. What are Protective Orders?Protective orders are civil orders issued by a judge that orders one person to refrain from committing certain acts against others.Who Can File for Protective Orders? Maryland Family … (14) order any other relief that the judge determines is necessary to protect a person eligible for relief from abuse. There is no filing fee. If the abuser is responsible for providing you or a person eligible for relief financial support, you must request Emergency Family Maintenance on the Petition (you will need to support this request by submitting financial documentation at the time of the Final Protective Order hearing). Protective Orders Laws A protective order is a court-certified document that prohibits the person named in the order from getting within a certain distance of the person seeking the order. NOTE: If you filed an Interim Protective Order, the Commissioner’s decision to grant or deny any relief is not binding on the Judge who will hear your case for a Temporary Protective Order. A protective order is a court order that prohibits an abuser from harming you. contacting your local domestic violence agency, Protective Orders - Frequently Asked Questions, Details on Who Is Eligible for a Protective Order, Preparing for the Final Protective Order Hearing, Enforcement of out of state protective orders, Addendum to Petition for Protective Order, How to File for a Peace or Protective Order, Request to Register Out-of-State Order of Protection. Public Safety (Refs & Annos) Title 5. Maryland's Extreme Risk Protective Order (ERPO) took effect on October 1, 2018. (ii) The judge may issue mutual final protective orders only if the judge makes a detailed finding of fact that: 1. both parties acted primarily as aggressors; and. Transmission and receipt of this guide does not constitute an attorney-client relationship. A law enforcement officer will then immediately serve the person you allege as the abuser with a copy of the Interim Protective Order. (e) (1) (i) An interim protective order shall state the date, time, and location for the temporary protective order hearing and a tentative date, time, and … (2) A final protective order may be issued only to a person who has filed a petition under § 4-504 of this subtitle. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. Depending on your specific circumstances, the Judge may order as relief any (or all) of the following: NOTE: For temporary or final protective orders, the judge can order “no contact,” which is exactly like it sounds – your abuser cannot contact you for any reason. If necessary, you may also write on an additional sheet of paper and attach it to the Petition. Petition for an extreme risk protective order West's Annotated Code of Maryland Public Safety Effective: October 1, 2018. The Court will immediately forward the Temporary Protective Order to law enforcement to locate and serve the person you allege as the abuser with a copy of the order. Purpose of a Temporary Protective Order. You must attend a Final Protective Order hearing to extend the length and scope of protection contained in the Temporary Protective Order. (b) (1) (i) The temporary protective order shall state the date and time of the final protective order hearing. § 4-506 (2014) § 4-506. § 5-603. **If you do not qualify for a protective order under one of these categories, you may still be able to file for a peace order. For legal advice, you should consult an attorney. The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. (3) Unless terminated at the request of the victim, a final protective order issued under this subsection shall be permanent. (1) Notwithstanding any other provision of this section, the court shall issue a new final protective order against an individual if: (i) the individual was previously a respondent under this subtitle against whom a final protective order was issued; (ii) for the act of abuse that led to the issuance of the final protective order, the individual was convicted and sentenced to serve a term of imprisonment of at least 5 years under § 2-205, § 2-206, § 3-202, § 3-203, § 3-303, § 3-304, § 3-305, § 3-306, § 3-309, § 3-310, § 3-311, or § 3-312 of the Criminal Law Article or for conspiracy or solicitation to commit murder and the individual has served at least 12 months of the sentence; and. Your case will be heard. Neither party acted primarily in self-defense. **, There is a two or three-step process that you must follow to obtain a domestic violence Protective Order against your abuser. Edited by Amy Hennen, Esq., Maryland Legal Aid; Sara A. Magette, Esq., PLL Contributors, Communication Regarding Domestic Violence Protective Orders, Peace Orders and Extreme Risk Protective Orders, Step #1: Interim Protective Order - Obtaining immediate protection when the courts are closed, Step #2: Temporary Protective Order - Obtaining immediate protection during court business hours, Step #3: Final Protective Order – Obtaining long-term protection. When the case is called, both you and your abuser will have a chance to tell the Judge what happened that led you to file the Petition. (1) A copy of the final protective order shall be served on the petitioner, the respondent, any affected person eligible for relief, the appropriate law enforcement agency, and any other person the judge determines is appropriate, in open court or, if the person is not present at the final protective order hearing, by first-class mail to the person's last known address. FAMILY LAW Code Ann. Some courts may have advocates on-site who can help you fill out the forms. It is important to list every example of physical abuse and threats; the history of abuse; and the relief you are seeking. Even the slightest mistake can cause someone to sit in jail and be arrested. Service is complete upon mailing. -- If the judge awards temporary custody of a minor child under subsection (d)(7) of this section, the judge may order a law enforcement officer to use all reasonable and necessary force to return the minor child to the custodial parent after service of the final protective order. Please note that the Judge who hears the case may not be the same Judge as the one who presided over the Temporary Protective Order hearing, so it is important that you repeat all the reasons why you are seeking relief, this includes submitting into evidence any documentation of abuse (police report, hospital records, photographs, etc.) (1) (i) The temporary protective order shall state the date and time of the final protective order hearing. (2) The temporary protective order shall include notice to the respondent: (i) in at least 10-point bold type, that if the respondent fails to appear at the final protective order hearing, the respondent may be served by first-class mail at the respondent's last known address with the final protective order and all other notices concerning the final protective order; (ii) specifying all the possible forms of relief under subsection (d) of this section that the final protective order may contain; (iii) that the final protective order shall be effective for the period stated in the order, not to exceed 1 year or, under the circumstances described in subsection (j)(2) of this section, 2 years, unless the judge extends the term of the order under § 4-507(a)(2) of this subtitle or the court issues a permanent order under subsection (k) of this section; and. The Judge will schedule another hearing that will be held in 1 week. Revised schedule of circuit court charges, costs, and fees established under courts, Article § 7-202; Maryland Rules. Temporary Protective Orders in Maryland. What an Extreme Risk Protective Order CANNOT do Firearms (Refs & Annos) Subtitle 6. (3) (i) Subject to the provisions of subparagraph (ii) of this paragraph, in cases where both parties file a petition under § 4-504 of this subtitle, the judge may issue mutual protective orders if the judge finds by a preponderance of the evidence that mutual abuse has occurred. Award temporary possession of any pet of the Petitioner or the abuser; Order the abuser to surrender any firearm to law enforcement authorities in the abuser’s possession, provided the abuser caused or threatened to cause serious bodily injury or, used or threatened to use a firearm against you; Any other relief that a judge determines to be necessary to protect you from abuse. 1-800-MD-HELPS Peace and Protective Orders are civil orders issued by a judge that order one person to refrain from committing certain acts against others. In Maryland, you can obtain an order of protection from either the District Court or Circuit Court in your county. The Judge may extend the order, as needed, up to 6 months to serve the abuser with the order or for good cause. Order the abuser to stop abusing or threatening you; Order the abuser to stay away from you and to not try to contact you or harass you at your home, school, job, the place where you may be staying, from your children’s school(s), and from your family members’ homes; Order the abuser to stay out of your home; If you and the abuser are married and were living together at the time of the abuse: order the abuser to leave the home where the two of you live; and. On this form, you will list the reasons why you are seeking protection from abuse. (g) Reasonable and necessary force. That is the situation where a judge could put someone in jail. Order the abuser to stop abusing or threatening to abuse you; Order the abuser to stay away from you and to not try to contact you or harass you; If you are married to the abuser AND you were living together at the time of the abuse, the court can order the abuser to leave the home where the two of you live; If you are not married to the abuser, but were living together at the time of the abuse AND your name is on the lease or deed for the home OR you lived with the abuser for at least ninety (90) days within the past year, the court can order the abuser to leave the home; Order the abuser to stay away from your job, your school, the place where you may be staying, from your children’s school(s), and from your family members’ homes; Order that you be given temporary custody of any children that you have with the abuser (including the use of reasonable and necessary force to return the minor child to the custodial parent) and, depending on safety considerations, the Judge may condition or restrict visitation; Order that you be given temporary custody of any pets you own with the abuser; If you are married, order the abuser to pay money to help support you during the order; If you have children with the abuser, order the abuser to pay support for the children; If you own a car with the abuser, the court may order that you have sole use of the car for the period of the order (you must tell the judge that the car is necessary in order to get you to work or to transport a child); Order the abuser or you to participate in a counseling program (domestic violence and/or drug/alcohol); Order the abuser to stay away from a child care location; or, Both parties acted primarily as aggressors; and. The Temporary Protective Order remains in effect for not more than 7 days after law enforcement has given the abuser a copy of the order (i.e., service). Free or reduced fee legal representation may also be available through these agencies. With the passage of the amended legislation it is imperative that both Petitioners and Respondents know exactly what the entry of a final protective order … Protective orders (a) Hearing — In general. Has lived with the abuser in the home for at least 90 days within 1 year before filing for relief; A person who had a sexual relationship with the abuser within 1 year before filing for relief; A person related to the abuser by blood, marriage, or adoption; A parent, stepparent, or stepchild, if you have lived with the abuser in the home for at least 90 days within 1 year before filing for relief; A person who has had a child with the abuser; or. RULE 2-403. The entry of a Protective Order in Maryland can have many legal benefits for the Petitioner and many legal consequences for the Respondent, particularly if the parties are going through a divorce and/or custody case. (2) All relief granted in a final protective order shall be effective for the period stated in the order, not to exceed 2 years if: (i) the court issues a final protective order under this section against a respondent on behalf of a person eligible for relief: 1. for an act of abuse committed within 1 year after the date that a prior final protective order issued against the same respondent on behalf of the same person eligible for relief expires; or, 2. by consent of the respondent within 1 year after the date that a prior final protective order issued against the same respondent on behalf of the same person eligible for relief expires; and. On this form, you will list the reasons why you are seeking protection from abuse. Maryland Attorney Rene … However we do not provide legal advice - the application of the law to your individual circumstances. If your abuser is present at the hearing, the abuser may or may not be represented by a lawyer. A person bringing a Protective Order is referred to as the “Petitioner” and the responding party is … One may seek an interim protective order by filing a Petition for Protection from Domestic Violence with the office of the District Court commissioner, open 24 hours a day, 7 days a week, when courts are closed. As the person seeking relief, you hold the burden of proof by “reasonable grounds.” As such, it is important that you disclose any proof of abuse you may have, including, pictures, police reports, medical records, witnesses, etc. (e) Review of open and shielded court records. Burden of Proof to Obtain Protective Orders As the law currently stands in Maryland, in order to grant a final protective order a judge must find by “clear and convincing evidence” that the respondent has committed, and is likely to commit in the future, one of several prohibited acts against the petitioner. There are two types of restraining orders in Maryland: Protective Order and Peace Order. To file a new peace or protective order case after court hours, visit a District Court commissioner. -- In determining whether to order the respondent to vacate the home under § 4-505(a)(2)(iv) of this subtitle or subsection (d)(4) of this section, the judge shall consider the following factors: (1) the housing needs of any minor child living in the home; (2) the duration of the relationship between the respondent and any person eligible for relief; (4) pendency and type of criminal charges against the respondent; (5) the history and severity of abuse in the relationship between the respondent and any person eligible for relief; (6) the existence of alternative housing for the respondent and any person eligible for relief; and. (ii) Except as provided in § 4-505 (c) of this subtitle, or unless continued for good cause, the final protective order hearing shall be held no later than 7 days after the temporary protective order is served on the respondent. The Interim Protective Order will state: The Interim Protective Order expires at the end of the second business day after issuance or at the Temporary Protective Order hearing, whichever is the earliest. (ii) Except as provided in § 4-505 (c) of this subtitle, or unless continued for good cause, the final protective order hearing shall be held no later than 7 days after the temporary protective order is served on the respondent. Maryland Protective Orders Laws; Maryland Stalking Laws; Maryland Domestic Violence Laws; Maryland Criminal Statute of Limitations Laws; Questions About Peace Orders? Currentness (a) Motion. 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