On this form, you will list the reasons why you are seeking protection from abuse. Maryland Attorney Rene … However, Maryland enforces the out-of-state or foreign protective order only to the extent that the relief granted in the order is permitted under § 4-506 of the Family Law Article of the Maryland Code. A word about the file format: CSV and JSON files are common file formats, widely supported by consumer and business applications and is used to move data between programs. 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. A victim of domestic violence can access a Commissioner either by going to any on-duty Commissioner’s office or by telephoning an on-call Commissioner. § 5-603. On motion of a party, a person from whom discovery is sought, or a person named or … 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. When an abuser commits domestic violence or other forms of abuse in Maryland, the courts can intervene on behalf of the victim. Please check official sources. Are current or former spouses 2. FAMILY LAW Code Ann. -- 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. 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). Revised schedule of circuit court charges, costs, and fees established under courts, Article § 7-202; Maryland Rules. In Maryland, you can obtain an order of protection from either the District Court or Circuit Court in your county. In Maryland, emergency protective orders are not issued. There is no filing fee. While you can do this without a lawyer, consider contacting your local domestic violence agency for advice and counseling. Are in a parent-child, or stepparent-stepchild rel… (3) A subsequent circuit court order pertaining to any of the provisions included in the final protective order shall supersede those provisions in the final protective order. Final extreme risk protective order § 5-610. Md. Read the Law: Md. (f) Surrender of firearm. NOTE: Unlike many other pleadings one might file, a petition for protection, along with a protective order addendum form, is all that you need to start this case. 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. There are three types of protective order available under Maryland law. If your abuser is present at the hearing, the abuser may or may not be represented by a lawyer. 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. A peace order restrains … This is a formal hearing and the rules of evidence apply. NOTE: When deciding whether to file in the Circuit Court or the District Court, you may want to consider that you are guaranteed a right to appeal from District Court to the Circuit Court if you start in the District Court and are not successful for any reason. 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. The tentative day, time, and location of a final hearing for a Final Protective Order. Maryland may have more current or accurate information. 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. It is so important that the petitioner takes that step. court opinions. (iv) in at least 10-point bold type, that the respondent must notify the court in writing of any change of address. A Maryland Attorney Can Help. Once granted, an abuser can no longer stalk, harass, or physically assault you or your children. The day, time, and location of another hearing for a Temporary Protective Order; and. Are related by blood, marriage, or adoption 4. 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). (1) (i) The temporary protective order shall state the date and time of the final protective order hearing. Currentness (a) Motion. Free Newsletters Violating a Maryland protective order can lead to somebody being arrested, held in jail, and exposed to significant incarceration. If the other side has not received a copy (i.e., been served), the Court will issue a Temporary Protective Order and serve the abuser with notice of the final hearing. Temporary extreme risk protective order § 5-605. (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. 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. (b) Hearing — Date and time. 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. (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. (2) A final protective order may be issued only to a person who has filed a petition under § 4-504 of this subtitle. Instead, take a seat in the assigned courtroom and wait for your case to be called because you already have a scheduled hearing. A person bringing a Protective Order is referred to as the “Petitioner” and the responding party is … If you have not already done so, talk to the police about filing criminal charges. To receive the protection offered by a protective order, the court must make a finding that abuse … 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. 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. There are two types of restraining orders in Maryland: Protective Order and Peace Order. HB1302, Ch. Call (410)-849-9529 . After submitting the Petition, you will appear before a Commissioner to explain your reasons for seeking relief. Some courts may have advocates on-site who can help you fill out the forms. 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 (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. Any other relief that a commissioner determines to be necessary to protect you from abuse. (a) Hearing -- In general. Maryland Protective Orders Laws; Maryland Stalking Laws; Maryland Domestic Violence Laws; Maryland Criminal Statute of Limitations Laws; Questions About Peace Orders? 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 … As Maryland protective order laws … 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. (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. Public Safety (Refs & Annos) Title 5. Contact information for the Commissioners can be found on the District Court website. Yes, Maryland will enforce an order of protection issued by a court of another state or a Native American tribe. 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. (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. However we do not provide legal advice - the application of the law to your individual circumstances. As the person seeking relief, you hold the burden of proof by “preponderance of the evidence,” to show more likely than not that the abuse occurred and you are eligible for relief. Readers should not act upon the information in thi… Whether you received an Interim Protective Order or are submitting a Petition for the first time, you will appear before a Judge to explain your reasons for seeking relief. Maryland Temporary Protective Order: after a hearing on a petition, whether ex parte a judge finds that there are reasonable grounds to believe that a person eligible for relief has been abused . (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. (e) Review of open and shielded court records. Even the slightest mistake can cause someone to sit in jail and be arrested. If you are worried about your abuser learning your whereabouts, your address does not need to be disclosed on the Petition – you may provide an alternate address or simply ask that your address be kept confidential. 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. Disclaimer: This guide is for informational purposes and is not intended to give detailed legal advice. If the named person violates the order … In some circumstances, the District Court will, on its own initiative, transfer the case to the Circuit Court for further handling. Title 2. Depending on your … The Commissioner can be accessed at the local office or by telephone. We make every effort to ensure the accuracy of the information and to clearly explain your options. (2) The court's failure to review records under this subsection does not affect the validity of an order issued under this section. This includes paternity, child support, divorce, custody, domestic violence, juvenile matter, or criminal cases. **, There is a two or three-step process that you must follow to obtain a domestic violence Protective Order against your abuser. Failure to comply with orders; Circuit Court Fee Schedule. and calling witnesses on your behalf. But, if person B disagrees with the claims and wishes to defend themselves, and the protective order is granted, they are … A domestic violence protective order is a civil order that protects: a victim of domestic abuse from harm by someone with whom s/he has a specific 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. (g) Reasonable and necessary force. -- The final protective order shall order the respondent to surrender to law enforcement authorities any firearm in the respondent's possession, and to refrain from possession of any firearm, for the duration of the protective order. During the current Phase 2, the court will hear new peace and protective order cases during court hours. -- The final protective order may include any or all of the following relief: (1) order the respondent to refrain from abusing or threatening to abuse any person eligible for relief; (2) order the respondent to refrain from contacting, attempting to contact, or harassing any person eligible for relief; (3) order the respondent to refrain from entering the residence of any person eligible for relief; (4) where the person eligible for relief and the respondent are residing together at the time of the abuse, order the respondent to vacate the home immediately and award temporary use and possession of the home to the person eligible for relief or, in the case of alleged abuse of a child or alleged abuse of a vulnerable adult, award temporary use and possession of the home to an adult living in the home, provided that the court may not grant an order to vacate and award temporary use and possession of the home to a nonspouse person eligible for relief unless the name of the person eligible for relief appears on the lease or deed to the home or the person eligible for relief has shared the home with the respondent for a period of at least 90 days within 1 year before the filing of the petition; (5) order the respondent to remain away from the place of employment, school, or temporary residence of a person eligible for relief or home of other family members; (6) order the respondent to remain away from a child care provider of a person eligible for relief while a child of the person is in the care of the child care provider; (7) award temporary custody of a minor child of the respondent and a person eligible for relief; (8) establish temporary visitation with a minor child of the respondent and a person eligible for relief on a basis which gives primary consideration to the welfare of the minor child and the safety of any other person eligible for relief. 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