WHAT IS A 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. A person bringing a Protective Order is referred to as the “Petitioner” and the responding party is the “Respondent.” Protective Orders have received much attention given the rise of domestic violence in our country.
ARE YOU ELIGIBLE FOR A PROTECTIVE ORDER?
Under Maryland Family Law Article 4-501 you are a person eligible for relief for a Protective Order if:
- You are the current or former spouse of the alleged abuser
- You live with the alleged abuser (a person who has had a sexual relationship with the abuser and who has resided with the alleged abuser for at least 90 days within 1 year before the filing of the Petition)
- You are related to the alleged abuser by blood, marriage or adoption
- You are a vulnerable adult (someone who is unable either physically or mentally to provide for his or her daily needs)
- You are an individual who has a child in common with the alleged abuser regardless of marriage or residence
WHAT ACT OR ACTS CONSTITUTE THE
NEED OR BASIS OF THE PROTECTIVE ORDER?
In Maryland the law provides for relief for an act committed against the Petitioner that causes serious bodily harm or placed the Petitioner in fear of imminent serious bodily harm; assault in any degree; rape or sexual assault or attempted rape or sexual assault; false imprisonment; stalking; child abuse either physical or mental injury; and abuse of a vulnerable adult.
WHAT HAPPENS IF THE ACT IS AN ASSAULT ON A CHILD?
If the Petitioner is a child, the court will likely order that the Department of Health and Human Services conduct an investigation through Child Protective Services to be completed prior to the Final Protective Order hearing. YOU NEED LEGAL REPRESENTATION FOR ANY CHILD PROTECTIVE SERVICES INVESTIGATION NO MATTER WHETHER YOU ARE A PETITIONER OR RESPONDENT.
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HOW DO I OBTAIN A PROTECTIVE ORDER?
Protective Orders can be obtained 24 hours a day by either a District Court judge, Circuit Court judge or Commissioner. The three types of Protective Orders are Interim Protective Order (IPO), Temporary Protective Order (TPO), and Final Protective Order (FPO). An IPO can only be issued by a Commissioner and is followed by an appearance in court for the issuance of a TPO. A Commissioner is available to issue an IPO ex parte when courts are closed.
A Temporary Protective Order is an ex parte proceeding in court at which the Petitioner appears and testifies under oath regarding the act or acts that gave rise to the seeking of the Protective Order. The Temporary Order is followed by a Final Protective Order hearing within 7 days of the entry of the Temporary Protective Order.
At the Final Protective Order hearing a Petitioner must prove those acts that gave rise to the basis of the Protective Order by clear and convincing evidence. If the Final Protective Order is granted the court has the authority to grant a variety of relief, including but not limited to, possession of the marital home to a Petitioner as well as a determination of custody for the parties’ children. Emergency family maintenance may also be awarded to a Petitioner. After a Protective Order is entered, a Respondent is required to surrender any firearms, and may be ordered to undergo a counseling or domestic violence program.
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HOW LONG IS A PROTECTIVE ORDER IN EFFECT?
An IPO expires once the TPO hearing commences or at the end of the second business day that the District Court is open after the IPO was issued. A TPO lasts no more than 7 days after personal service of the Respondent. The judge may extend the TPO for good cause. A Final Protective Order can be in effect for up to 1 year with the possibility of a 6 month extension.
WHERE ARE PROTECTIVE ORDERS FILED?
In Maryland, Protective Orders may be filed at either the District or Circuit Courts. IPO’s as stated above can only be issued by a Commissioner.
WHAT HAPPENS IF A PROTECTIVE ORDER IS VIOLATED?
A Protective Order is a Civil Order, however a violation of a Protective Order carries a period of 90 days incarceration with enhanced penalties for subsequent violations.
COLLATERAL CONSEQUENCES OF A PROTECTIVE ORDER
The entry of a Protective Order and/or a violation of a Protective Order may have collateral consequences to some individuals. There can be additional consequences if there are criminal charges and/or a CPS investigation. In certain cases, children can be removed from the home, impairment of immigration status, and effect on employment and any security or special clearance.
CALL SANDLER LAW LLC NOW IF YOU ARE SEEKING
OR HAVE BEEN
SERVED WITH A PROTECTIVE ORDER. CONTACT US NOW!
