Understanding Protective Orders in Maryland
In Maryland, a protective order is a court-issued directive that requires one person to stay away from another person, typically in cases of domestic violence, harassment, or abuse. To be eligible for a protective order, you must have a specific relationship with the abuser, such as a spouse, parent, child, or roommate.
There are two types of protective orders in Maryland: interim and final. An interim protective order is a temporary order that is issued until a full hearing can be held, while a final protective order can last up to one year and may be extended.
Who is Eligible for a Protective Order in Maryland
To be eligible for a protective order in Maryland, you must be a victim of abuse, and the abuser must be a family member, household member, or someone with whom you have a child in common. This includes spouses, ex-spouses, parents, children, siblings, and intimate partners.
You may also be eligible for a protective order if you are a victim of harassment, stalking, or revenge porn. The court will consider the severity of the abuse or harassment, as well as any prior incidents, when determining whether to grant a protective order.
The Process of Obtaining a Protective Order in Maryland
To obtain a protective order in Maryland, you must file a petition with the court, which will then schedule a hearing. At the hearing, you will need to provide evidence of the abuse or harassment, such as police reports, medical records, or witness statements.
The court may also issue an interim protective order, which will go into effect immediately, pending the outcome of the full hearing. It is essential to have an experienced attorney represent you throughout the process to ensure that your rights are protected.
Types of Protective Orders in Maryland
There are several types of protective orders available in Maryland, including stay-away orders, no-contact orders, and peace orders. A stay-away order requires the abuser to stay away from you, your home, and your workplace, while a no-contact order prohibits the abuser from having any contact with you, including phone calls, emails, or text messages.
A peace order is a type of protective order that is available to individuals who are not eligible for a domestic violence protective order, but who are still being harassed or abused. Peace orders can be issued for up to six months and may be extended.
Enforcing a Protective Order in Maryland
Once a protective order is issued, it is essential to ensure that it is enforced. If the abuser violates the order, you should contact the police immediately, and they will take action to enforce the order. You may also need to provide evidence of the violation to the court.
It is also crucial to keep a copy of the protective order with you at all times and to provide a copy to your employer, school, or other relevant parties. This will help to ensure that the abuser is held accountable for any violations and that you are protected.
Frequently Asked Questions
What is the difference between a protective order and a restraining order?
A protective order and a restraining order are often used interchangeably, but in Maryland, a protective order is a specific type of court order that is issued to protect victims of domestic violence or abuse.
How long does a protective order last in Maryland?
A final protective order in Maryland can last up to one year, but it may be extended if necessary. An interim protective order is temporary and will expire after a full hearing is held.
Can I get a protective order if I am not a victim of domestic violence?
Yes, you may be eligible for a peace order in Maryland if you are being harassed or abused, but do not qualify for a domestic violence protective order.
Do I need an attorney to get a protective order in Maryland?
While it is not required to have an attorney to get a protective order in Maryland, it is highly recommended. An experienced attorney can help you navigate the process and ensure that your rights are protected.
What happens if the abuser violates the protective order?
If the abuser violates the protective order, you should contact the police immediately. The abuser may face criminal charges, including contempt of court, and may be arrested and jailed.
Can I get a protective order if I am a minor?
Yes, minors may be eligible for a protective order in Maryland, but a parent or guardian must file the petition on their behalf.