(2) (i) A person not listed in paragraph (1) of this subsection may subpoena, or file a motion for access to, a record shielded under this section. It removes from public view court and police records of a conviction for certain types of crimes. vs. Petitioner Respondent REQUEST TO SHIELD CONSENTED TO PROTECTIVE ORDER RECORDS (Family Law § 4-512(b)(2)) 1. Have lived together in an intimate relationship for at least 90 days during the past year 3. A protective order or peace order request that is denied by the court, or dismissed by the petitioner can be shielded in certain circumstances. 119; 2012, ch. 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? (1) If a petition was denied or dismissed at the interim, temporary, or final protective order stage of a proceeding under this subtitle, on the filing of a written request for shielding under this section, the court shall schedule a hearing on the request. Your Ex Parte Order becomes effective the minute it is served on the abuser by a law enforcement officer. A. that the petitioner consents to the shielding; or. (3) “Shield” means to remove information from public inspection in accordance with this section. (2) (i) “Court record” means an official record of a court about a proceeding that the clerk of a court or other court personnel keeps. B. a criminal charge against the respondent arising from alleged abuse against an individual. -- 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. 227. Shielding does not eliminate your criminal record. 361, 362; 2011, ch. The best way to learn more about these laws and how they affect your situation is to get in touch with an experienced criminal defense attorney in Maryland. (1) In this section the following words have the meanings indicated. It simply depends on the circumstances. 361, 362; 2011, ch. B. a criminal charge against the respondent arising from alleged abuse against an individual. 1. an index, a docket entry, a petition, a memorandum, a transcription of proceedings, an electronic recording, an order, and a judgment; and. All rights reserved, Maryland Criminal Lawyer Joseph K. Githuku Designed by
If you have a protective order against you, you'll want to know more about Maryland protective order laws. (4) (i) On its own motion or on the objection of the other party, the court may, for good cause, deny the shielding. (e) Notice, hearing, and findings — After expiration of protective order. 99; 2014, ch. (i) with respect to a record kept in a courthouse, removing the record to a separate secure area to which persons who do not have a legitimate reason for access are denied access; and. (ii) On the filing of a request for shielding under this paragraph, the court shall schedule a hearing on the request. If you want more information about shielding or sealing records, please visit the Maryland Judiciary's website. 2. a criminal charge against the respondent arising from alleged abuse against the petitioner. An expungement is only available in criminal cases. Expungement is a process that applies to criminal records. ... Towson, Maryland 21204. A Protective Order hearing will be scheduled within seven days of filing your order. This copy of the Ex Parte Order tells the a user the place and time of the second hearing. 99; 2014, ch. Required fields are marked *. 1. (1) In this section the following words have the meanings indicated. The subject of a peace order and a protective order can be instructed to cut off all contact with the petitioner who seeks the order. (h) Regulations. (c) Timing. 5. that none of the following are pending at the time of the hearing: A. an interim or temporary peace order or protective order issued against the respondent; or. Fill out, securely sign, print or email your rescind protective order maryland form instantly with SignNow. (vi) Information about the proceeding may not be removed from the Domestic Violence Central Repository. (g) Compliance with order. HISTORY: 2010, chs. (ii) In determining whether there is good cause under subparagraph (i) of this paragraph, the court shall balance the privacy of the petitioner or the respondent and potential danger of adverse consequences to the petitioner or the respondent against the potential risk of future harm and danger to the petitioner and the community. It is not possible to give you a complete answer to your situation. (5) Information about the proceeding may not be removed from the Domestic Violence Central Repository. — Within 60 days after entry of an order for shielding under this section, each custodian of court records that are subject to the order of shielding shall advise in writing the court and the respondent of compliance with the order. Shielding is a process by which public access to court records can be taken away. — Within 60 days after entry of an order for shielding under this section, each custodian of court records that are subject to the order of shielding shall advise in writing the court and the respondent of compliance with the order. The Process in Obtaining a Protective Order in Maryland Our Lawyers Can Tell Your Side of the Story After You Are Served With a Temporary Protective Order. (5) “Victim services provider” means a nonprofit or governmental organization that has been authorized by the Governor’s Office of Crime Control and Prevention to have online access to records of shielded protective orders in order to assist victims of abuse. The collateral consequences of a protective order in Maryland can affect your employment, your ability to obtain a … The most important result of the Shielding process is that if granted, the information will be taken off the Maryland Judiciary Case Search web site. 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