The Importance of Getting a Restraining Order
If you’re in danger, know the importance of getting a Maryland restraining order so you can petition the court. The judge will listen to your evidence and determine whether or not a temporary protective order should be issued.
Violation of a Maryland restraining order is a serious offense that can land you in jail. It’s important to contact an experienced lawyer right away.
1. You’ll be protected from further abuse
A judge will issue a temporary protective order if he or she believes there is good cause to believe you are fearful of serious bodily harm or death. Depending on the judge, this may last up to a year.
You’ll be able to tell the court about any incidents of abuse you have experienced and the person that is abusing you. You’ll be asked to provide your name and the name of the person you’re requesting the order against, as well as give an address (you can request that this be kept confidential).
The judge will then schedule a final hearing for a protective order. The judge will tell you when it is to be held, which will usually be within a week of the issuing of the temporary order. During this hearing, the judge will ask you to explain why you should get a permanent protective order and what relief you would like from the abusive person.
2. You’ll be able to keep your children safe
A judge is required to look at a number of facts in order to determine whether or not a temporary protective order should be issued. These include witness testimonies, police reports, photos of injuries, and medical records. In general, judges err on the side of caution when it comes to issuing restraining orders, particularly temporary ones.
If you get a restraining order against someone, that person must comply with the terms of the court. If they ignore the restraining order, they can be charged with violating it.
Even if you live out of state, you can still get a Maryland protective or peace order. Under the theory of full faith and credit, law enforcement officers in other states must enforce your protection or peace order as long as it meets certain criteria. An experienced legal professional could help you understand the conditions of an out-of-state protection or peace order. They could also assist you with modifying, extending, or challenging a protective order.
3. You’ll be able to protect your property
The person who files the petition will be granted a temporary protective order if the judge is persuaded by a preponderance of evidence that she or he has reason to believe that they are at risk of death, serious physical injury, and/or sexual assault.
This means that they have to be realistically fearful of harm by someone with whom they share a current or former intimate relationship or who is related by blood, marriage, adoption, or civil union.
A hearing is held within a week of the issuing of a temporary protective order and this is when the Petitioner has to make their case to the judge.
A final protective or peace order can be granted if the judge is convinced by a preponderance of evidence, that it is necessary to protect the petitioner and their children. A final restraining order may last up to one year. It is also important to note that a violation of either a protective or peace order in Maryland can lead to criminal charges against the accused.
4. You’ll be able to protect yourself from criminal charges
A person who violates a Maryland peace or protective order can be charged with criminal contempt. This is a serious crime that can result in jail time, probation, and high fines. If you’re worried about being charged with this offense, you should speak to a Glen Burnie restraining order lawyer right away.
A Maryland restraining or peace order can be filed by anyone, including family members and friends. The petitioner must describe any incidents of abuse and provide proof that the alleged abuser has committed domestic violence, stalking, or other forms of harassment.
Once the temporary order is issued, both parties will appear at a final hearing where the judge will review the evidence. At this point, the burden of proof is higher than at a hearing ex parte and requires clear and convincing evidence. A skilled attorney could help you present your case to the judge. If the judge decides to keep the order, you should take steps to obtain a certified copy of the order for your records.
