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. That is the situation where a judge could put someone in jail. (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. The office is open 24/7. **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. A law enforcement officer will then immediately serve the person you allege as the abuser with a copy of the Interim Protective Order. Public Safety (Refs & Annos) Title 5. Protective Orders. 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. Sometimes, “no contact” language is necessary, even in situations where you share children with the respondent, even if you must or are trying to co-parent children. This article is a step-by-step guide to help you protect yourself against abuse. 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. The day, time, and location of another hearing for a Temporary Protective Order; and. In order to protect the victim and halt further abuse, the Maryland courts can even issue a temporary protective order before a final hearing occurs. An act that causes serious bodily harm (e.g., kicking, punching, choking/strangling, shoving, shooting, hitting with an object, stabbing, or biting); An act that places a person in fear of imminent serious bodily harm (including threats of harm); Rape or sexual assault (including attempts); A current or former spouse of the abuser (also called the Respondent); Is having a sexual relationship with the abuser, and. **, There is a two or three-step process that you must follow to obtain a domestic violence Protective Order against your abuser. If necessary, you may also write on an additional sheet of paper and attach it to the Petition. As Maryland protective order laws … 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. Commissioner’s offices are open and available 24 hours a day, 7 days a week around the state. To file a new peace or protective order case after court hours, visit a District Court commissioner. 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. 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. This is a formal hearing and the rules of evidence apply. (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's Extreme Risk Protective Order (ERPO) took effect on October 1, 2018. Maryland Protective Order Laws. -- 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. (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. A person obtains a protective order when a spouse, boyfriend, or relative abuses him/her. 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. In Maryland, you can obtain an order of protection from either the District Court or Circuit Court in your county to prevent a current or former spouse, a cohabitant, a person with whom you have had a sexual relationship, or other relatives from abusing or threatening you. (1) (i) The temporary protective order shall state the date and time of the final protective order hearing. Yes, Maryland will enforce an order of protection issued by a court of another state or a Native American tribe. Transmission and receipt of this guide does not constitute an attorney-client relationship. West's Annotated Code of Maryland . 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? If necessary, you may also write on an additional sheet of paper and attach it to the Petition. (7) the financial resources of the respondent and the person eligible for relief. MD Code, Public Safety, § 5-602 § 5-602. The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. (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. (e) Review of open and shielded court records. On this form, you will list the reasons why you are seeking protection from abuse. The interim order will state the date, time and location of the hearing for a temporary protective order… 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. On motion of a party, a person from whom discovery is sought, or a person named or … If you are seeking financial relief (also known as Emergency Family Maintenance), get copies of your most recent pay stubs, living expenses (mortgage, lease, utilities, car insurance, car payment, daycare, etc.) Do not be surprised or upset if the abuser lies about what happened. 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. Please check official sources. Improve Your Credit Score; MOTION TO QUASH WRIT OF GARNSIHMENT; State is Exempt from 12 Year Statute of … Maryland may have more current or accurate information. 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). Call (410)-849-9529 . On the Petition, there will be a question asking whether there are any previous or pending court cases between yourself, the person you want protection for and the abuser. This is an important step that many people fail to do. Maryland Attorney Rene … The Commissioner can be accessed at the local office or by telephone. In some circumstances, the District Court will, on its own initiative, transfer the case to the Circuit Court for further handling. If you are afraid of the abuser, have safety concerns for yourself or children or if the abuser has attempted to contact you within the past week (under the protection of a Temporary Protective Order), you must let the judge know. (3) Unless terminated at the request of the victim, a final protective order issued under this subsection shall be permanent. The tentative day, time, and location of a final hearing for a Final Protective Order. and calling witnesses on your behalf. 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. (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. Unlike most of the laws that are clear-cut, a protective order sometimes stipulates no contact which means no contact of any kind whatsoever. The following categories of people are defined by statute as persons eligible for relief: Current and former spouses; Cohabitants for 90 days; A person related to the respondent by blood, marriage or adoption The Judge may issue a mutual Final Protective Order provided the Judge makes a detailed finding of fact that: This site offers legal information, not legal advice. On this form, you will list the reasons why you are seeking protection from abuse. award temporary custody of any children that you have with the abuser; 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, the court can order the abuser to leave the home; If you are not married to the abuser and 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; Award temporary possession of any pet of the Petitioner or the abuser; or. The c onsequences of violating Maryland protective orders are treated seriously because in the eyes of the law, the person not only violated the protective order, but they also risked the safety of the accused by defying a judge’s order. Some courts may have advocates on-site who can help you fill out the forms. -- 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. If your abuser is present at the hearing, the abuser may or may not be represented by a lawyer. Read the Law: Md Code., Family Law § 4-505. If the abuser fails to appear, the Court will mail the abuser a copy of the Protective Order via first-class mail. Contact information for the Commissioners can be found on the District Court website. At the conclusion of the hearing, the Judge will decide whether or not the abuse occurred. Firearms (Refs & Annos) Subtitle 6. (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. However, beginning October 1, 2018, the Maryland General Assembly expended the circumstances under which a court will issue a permanent protective order. In Maryland, a Protective Order is a form of relief granted by the court to eligible individuals who have been subject to specific acts enumerated by statute. © Maryland Thurgood Marshall State Law Library, 2021.”, Submit a legal information question to the Thurgood Marshall State Law Library, Call or chat with a lawyer about your civil legal matter, at no cost Failure to comply with orders; Circuit Court Fee Schedule. A person bringing a Protective Order is referred to as the “Petitioner” and the responding party is … 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). Leniency, like a first time DUI or a misdemeanor assault or a misdemeanor theft, … Let's take the relationship first. Petition for an extreme risk protective order … 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. In order to qualify for this order, you must have suffered abuse at the hands of someone you are or have been in a domestic relationship with. 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. If you reply “yes,” your case may be heard before a Circuit Court Judge or Family Magistrate. (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. (ii) the prior final protective order was issued for a period of at least 6 months. 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. Are current or former spouses 2. (d) Contents. Keep a copy of the order with you at all times. (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. Revised schedule of circuit court charges, costs, and fees established under courts, Article § 7-202; Maryland Rules. Critical decisions must be made on this accelerated time schedule. court opinions. Are in a parent-child, or stepparent-stepchild rel… 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. 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. The Temporary Protective Order will state the day, time, and location of a final hearing for a Final Protective Order. FAMILY LAW Code Ann. Instead, take a seat in the assigned courtroom and wait for your case to be called because you already have a scheduled hearing. When the Courts are closed, a victim of domestic violence (also known as a Petitioner) may file Petition for Protection from Domestic Violence (Petition) with the District Court Commissioner’s office. When an abuser commits domestic violence or other forms of abuse in Maryland, the courts can intervene on behalf of the victim. Skip to “4 below: You will see a Judge.”. 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. The file you download can be imported into Excel, a text editor, browser, or any other application that supports the CSV and JSON formats. WHAT IS A 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) The court's failure to review records under this subsection does not affect the validity of an order issued under this section. You are eligible for a protective order if you and the alleged abuser: 1. 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). All pending interim and temporary domestic violence protective orders, pending interim and temporary peace orders and pending interim and temporary extreme risk protective orders will remain in effect (even if the date has passed on the order) until such time that the court has conducted a hearing or has otherwise communicated with the parties. Have lived together in an intimate relationship for at least 90 days during the past year 3. Final extreme risk protective order § 5-610. It is so important that the petitioner takes that step. (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. RULE 2-403. featuring summaries of federal and state (f) Surrender of firearm. If the named person violates the 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.) Temporary Protective Orders in Maryland. HB1302, Ch. View Previous Versions of the Maryland Code. We make every effort to ensure the accuracy of the information and to clearly explain your options. Your case will be heard. A peace order restrains … --. 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