A person bringing a Protective Order is referred to as the “Petitioner” and the responding party is … (1) (i) The temporary protective order shall state the date and time of the final protective order hearing. Maryland's Extreme Risk Protective Order (ERPO) took effect on October 1, 2018. (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. 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. Currentness (a) Motion. Extreme Risk Protective Orders (Refs & Annos) Effective: October 1, 2018. 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. Maryland Protective Orders Laws; Maryland Stalking Laws; Maryland Domestic Violence Laws; Maryland Criminal Statute of Limitations Laws; Questions About Peace Orders? © Maryland Thurgood Marshall State Law Library, 2021.”, Submit a legal information question to the Thurgood Marshall State Law Library, Call or chat with a lawyer about your civil legal matter, at no cost 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. A person obtains a protective order when a spouse, boyfriend, or relative abuses him/her. Neither party acted primarily in self-defense. 250 of the 2018 Legislative Session What is an Extreme Risk Protective Order, and what CAN it do? To obtain one, a petition for protection must be filed with the District Court Commissioner’s office. Instead, take a seat in the assigned courtroom and wait for your case to be called because you already have a scheduled hearing. The day, time, and location of another hearing for a Temporary Protective Order; and. (2) In a final protective order issued under this subsection, the court may grant only the relief that was granted in the original protective order under subsection (d)(1) or (2) of this section. 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. In some circumstances, the District Court will, on its own initiative, transfer the case to the Circuit Court for further handling. (e) (1) (i) An interim protective order shall state the date, time, and location for the temporary protective order hearing and a tentative date, time, and … Normal business hours for Court are Monday through Friday, between 8:30 a.m. and 4:30 p.m. If necessary, you may also write on an additional sheet of paper and attach it to the Petition. This includes paternity, child support, divorce, custody, domestic violence, juvenile matter, or criminal cases. If the Judge finds that the abuse did occur, the Judge may order one (or all) of the following for up to 1 year: You and the abuser will each receive a copy of the Protective Order at the time of the hearing. Commissioner’s offices are open and available 24 hours a day, 7 days a week around the state. (7) the financial resources of the respondent and the person eligible for relief. A protective order is a court order that prohibits an abuser from harming you. Final extreme risk protective order § 5-610. If the court is closed on the day the order is due to expire, the order remains in effect until the District or Circuit Court holds a Temporary Protective Order hearing. 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. Please note that the Judge who hears the case may not be the same Judge as the one who presided over the Temporary Protective Order hearing, so it is important that you repeat all the reasons why you are seeking relief, this includes submitting into evidence any documentation of abuse (police report, hospital records, photographs, etc.) (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. (g) Reasonable and necessary force. (d) Contents. (b) (1) (i) The temporary protective order shall state the date and time of the final protective order hearing. 8:30 am - 8:00 pm, Mon - Fri, A publication of the Baltimore City Bar Association. Be aware that the abuser or the lawyer will ask you questions in cross-examination and will have an opportunity to disprove your case. The Court will immediately forward the Temporary Protective Order to law enforcement to locate and serve the person you allege as the abuser with a copy of the order. Civil Procedure--Circuit Court . An experienced attorney can assist you with these issues and insure your rights are protected. Md. It is also important to present documentation and discuss reasons why you may need financial assistance during the pendency of the Final Protective Order. Code, Family Law § 4-504 and 4-504.1. (ii) The judge may issue mutual final protective orders only if the judge makes a detailed finding of fact that: 1. both parties acted primarily as aggressors; and. There are two types of restraining orders in Maryland: Protective Order and Peace Order. The Judge will schedule another hearing that will be held in 1 week. West's Annotated Code of Maryland . 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. But, if person B disagrees with the claims and wishes to defend themselves, and the protective order is granted, they are … To file a new peace or protective order case after court hours, visit a District Court commissioner. (ii) if the judge finds by a preponderance of the evidence that the alleged abuse has occurred, or if the respondent consents to the entry of a protective order, the judge may grant a final protective order to protect any person eligible for relief from abuse. An act that causes serious bodily harm (e.g., kicking, punching, choking/strangling, shoving, shooting, hitting with an object, stabbing, or biting); An act that places a person in fear of imminent serious bodily harm (including threats of harm); Rape or sexual assault (including attempts); A current or former spouse of the abuser (also called the Respondent); Is having a sexual relationship with the abuser, and. Keep a copy of the order with you at all times. (ii) the prior final protective order was issued for a period of at least 6 months. PROTECTIVE ORDERS West's Annotated Code of Maryland Maryland Rules. It is important to list every example of physical abuse and threats; the history of abuse; all pending or previous court actions between the parties; and the relief you are seeking. PROTECTIVE ORDERS. If the abuser fails to appear, the Court will mail the abuser a copy of the Protective Order via first-class mail. 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. 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. 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. (e) Review of open and shielded court records. Maryland Attorney Rene … West's Annotated Code of Maryland . (b) (1) (i) The temporary protective order shall state the date and time of the final protective order hearing. After submitting the Petition, you will appear before a Commissioner to explain your reasons for seeking relief. On this form, you will list the reasons why you are seeking protection from abuse. Petition for an extreme risk protective order … We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. (f) Surrender of firearm. On Monday, November 30, 2020, the Maryland Courts returned to Phase 2 of its phased reopening plan. If the named person violates the order … The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. (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. Improve Your Credit Score; MOTION TO QUASH WRIT OF GARNSIHMENT; State is Exempt from 12 Year Statute of … Yes, Maryland will enforce an order of protection issued by a court of another state or a Native American tribe. Discovery (Refs & Annos) MD Rules, Rule 2-403. § 5-603. (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. WHAT IS A PROTECTIVE ORDER? Order the abuser to stop abusing or threatening you; Order the abuser to stay away from you and to not try to contact you or harass you at your home, school, job, the place where you may be staying, from your children’s school(s), and from your family members’ homes; Order the abuser to stay out of your home; If you and the abuser are married and were living together at the time of the abuse: order the abuser to leave the home where the two of you live; and. Contact information for the Commissioners can be found on the District Court website. You must attend a Final Protective Order hearing to extend the length and scope of protection contained in the Temporary Protective Order. 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? (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. Maryland Attorney Rene Sandler understands and appreciates the nuances of the laws applied in a Protective Order or Peace Order hearing. 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). Transmission and receipt of this guide does not constitute an attorney-client relationship. A Maryland Attorney Can Help. Some courts may have advocates on-site who can help you fill out the forms. There are three types of protective order available under Maryland law. 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. (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. Leniency, like a first time DUI or a misdemeanor assault or a misdemeanor theft, … (Click here for a list of domestic violence shelters.). (b) Hearing — Date and time. The abuser does not have to go to court with you. What an Extreme Risk Protective Order CANNOT do 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. Title 2. court opinions. 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. 1-800-MD-HELPS Peace and Protective Orders are civil orders issued by a judge that order one person to refrain from committing certain acts against others. award temporary custody of any children that you have with the abuser; 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, the court can order the abuser to leave the home; If you are not married to the abuser and 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; Award temporary possession of any pet of the Petitioner or the abuser; or. Modifying a Maryland Protective Order A protective order can be modified or vacated when the petitioner files a request in writing to have the order vacated or modified. (a) Hearing -- In general. Service is complete upon mailing. Even the slightest mistake can cause someone to sit in jail and be arrested. In this age, people do not … This would be a de novo appeal, meaning that there would be a new trial in the Circuit Court at which new evidence may be presented and new determinations are made. If you are afraid of the abuser, have safety concerns for yourself or children or if the abuser has attempted to contact you within the past week (under the protection of a Temporary Protective Order), you must let the judge know. On motion of a party, a person from whom discovery is sought, or a person named or … Depending on your … Free or reduced fee legal representation may also be available through these agencies. 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 . If you have not already done so, talk to the police about filing criminal charges. **, There is a two or three-step process that you must follow to obtain a domestic violence Protective Order against your abuser. 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. If you reply “yes,” your case may be heard before a Circuit Court Judge or Family Magistrate. (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. All pending interim and temporary domestic violence protective orders, pending interim and temporary peace orders and pending interim and temporary extreme risk protective orders will remain in effect (even if the date has passed on the order) until such time that the court has conducted a hearing or has otherwise communicated with the parties. Protective Orders Laws A protective order is a court-certified document that prohibits the person named in the order from getting within a certain distance of the person seeking the order. However, beginning October 1, 2018, the Maryland General Assembly expended the circumstances under which a court will issue a permanent protective order. In the State of Maryland, there is a protective order statute that basically says that if person A files a protective order against person B and person B simply agrees with it and doesn't defend against the claims, they can get the item shielded from records. 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. RULE 2-403. The Interim Protective Order will state: The Interim Protective Order expires at the end of the second business day after issuance or at the Temporary Protective Order hearing, whichever is the earliest. Your case will be heard. The Temporary Protective Order will state the day, time, and location of a final hearing for a Final Protective Order. FAMILY LAW Code Ann. Do not be surprised or upset if the abuser lies about what happened. The file you download can be imported into Excel, a text editor, browser, or any other application that supports the CSV and JSON formats. 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. 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. To file a new peace or protective order case after court hours, visit a District Court commissioner. 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). (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. 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. Are current or former spouses 2. If you are seeking financial relief (also known as Emergency Family Maintenance), get copies of your most recent pay stubs, living expenses (mortgage, lease, utilities, car insurance, car payment, daycare, etc.)