Protective and Peace Orders: Interim and Temporary Protective Orders

As legal professionals, we have seen the confusion and uncertainty that often surrounds the topic of protective orders in state court. Many people wonder what the point of obtaining such an order is, and whether it is truly worth the time and effort. We will aim to clarify the purpose and benefits of protective orders, and explain why they can be a crucial tool for protecting individuals and their families.

To begin with, it is important to understand what a protective order is and when it might be necessary. A protective order is a legal document issued by a state court that prohibits an individual from engaging in certain behaviors or coming into contact with another person. Protective orders are often sought in cases of domestic violence, stalking, or harassment, where an individual feels threatened or endangered by another person’s actions.

One of the primary reasons why protective orders are so important is that they provide a clear and enforceable boundary between the person seeking protection and the person against whom the order is issued. This can be especially important in cases of domestic violence, where the power dynamic between the parties may be unbalanced or where there is a history of abuse. A protective order can help to establish a sense of safety and security for the person seeking protection, and can provide a legal framework for holding the other person accountable for their actions.

Another key benefit of protective orders is that they can help to prevent future harm or violence. By prohibiting the person against whom the order is issued from coming into contact with the person seeking protection, a protective order can help to reduce the risk of further abuse or violence. This can be especially important in cases where there are children or other vulnerable individuals involved, as it can help to ensure their safety and well-being.

Protective orders can also provide a range of other benefits, depending on the specific circumstances of the case. For example, a protective order may require the person against whom it is issued to surrender any firearms or other weapons, or to attend counseling or therapy. It may also prohibit the person from making any contact with the person seeking protection through phone calls, text messages, or social media.

It is important to note that obtaining a protective order is not a guarantee of safety or protection. However, it can be an important step in establishing a legal framework for holding the person against whom the order is issued accountable for their actions, and for preventing future harm or violence.

If you are considering seeking a protective order, it is important to consult with a legal professional who can help you to understand the process and the potential benefits and risks involved. In general, the process for obtaining a protective order will involve filing a petition with the court, appearing at a hearing, and providing evidence of the need for protection. The specific requirements and procedures will vary depending on the state and the specific court where the petition is filed.

In conclusion, protective orders can be a crucial tool for protecting individuals and their families from harm or violence. By establishing clear boundaries and providing a legal framework for accountability, protective orders can help to prevent future abuse or violence and provide a sense of safety and security.

Attorney Groves took charge and said in a confident, reassuring voice, ‘It’s my job to protect you.’ [He] removed the stress from my life.”

“This firm knows what they are doing when it comes to these types of proceedings. When you really need a lawyer, these are the go-to guys”!

Protect Your Family and Reputation

Save yourself and your family from domestic abuse and physical violence—actual or threatened—with an interim or temporary protective order.

JC Law has represented clients in need of help regarding protective and peace orders since their inception in the law several decades ago. We realize that many claims are exaggerated or false altogether. Partners may use this law as an offensive tool to get you removed from your home, get custody of children, and even have monetary orders put in place.

Often, a protective or peace order will be accompanied by a criminal assault or other charge. It is extremely important that you speak with one of our qualified lawyers to create a game plan to guide you through this.

Below are some common questions and answers.

What is a “Protective Order” in Maryland? How is a Protective Order Different From a Peace Order?

Protective orders are Maryland’s version of a “restraining order.” They’re court orders issued by Maryland judges that require a named individual to stop certain behaviors, such as abuse or stalking, from the protected person for a set period of time.

Protective orders are different from Maryland peace orders in that a protective order usually focuses on protecting those in close familial or other intimate relationships against an alleged attacker or abuser. Peace orders are typically issued on behalf of someone seeking relief from a stranger’s actions.

For example, a celebrity may file a Maryland protective order from an abusive girlfriend, and a peace order to halt a fan’s obsessive stalking.

You can receive a Maryland protective order if:

• The alleged abuser is your spouse or former spouse;
• Both of you are the biological parents of the child in common;
• Both of you or any parent-child, or stepparent-stepchild relationship, and you have resided together for at least 90 days during the past year;
• Both of you have cohabited or have been in an intimate relationship for at least 90 days during the past 12 months; or
• Both of you have been in a sexual relationship with each other for some period of time at least one year before the filing of the petition.

How Can I Get a Protective Order as Fast as Possible?

In a severe situation, Maryland wants to make sure alleged victims are protected as fast as possible until the full situation can be verified in court.

Therefore, a Maryland “petitioner”—legal speak for the person asking for the protective order—can file a “Petition for Protection from Domestic Violence” with their district court commissioner’s office. This office is open 24/7/365 for just such emergencies.

The petitioner then fills out a form detailing:

• What type of abuse they allege has occurred, including as many specific instances as possible;
• Any previous court or law enforcement records to corroborate the claims; and
• Exactly what type of protection they need.

The petitioner can also request “Emergency Family Maintenance” if their alleged abuser is also the family’s financial provider at the same time.

From there, a Maryland Court Commissioner reviews the petition and may either grant or deny the request. They can order:

• The alleged abuser to cease contact or abuse at home, work, school, and any other location;
• Remove the alleged abuser from their home; and
• Award temporary custody of any shared children or family pets to the petitioner.

This petition is granted in the form of an “interim” protective order, in effect until the relevant Maryland court can hold a Temporary Protective Order hearing.

At this hearing, a Maryland judge will hear your case. You or your legal representative must prove on “reasonable grounds” that the alleged abuse occurred. This proof may be:

• Medical records;
• Court and law enforcement records;
• Photographs;
• Text messages, emails, and other communication records; and
• Witness testimony.

If proven, the judge will issue a “temporary” protective order until a final protective order can be issued. Usually, that hearing is held within a week of the temporary order.

When Does My Situation Qualify for an Emergency or Interim Protective Order?

If filing a petition cannot wait until normal business hours—you or your child is in immediate danger, for example—then file for an interim protective order as soon as possible.

The Maryland court commissioner will decide if they believe your situation is urgent enough for a protective order to be granted until a judge can hear the case.

If in doubt—or worried you won’t be put together enough to make a compelling case to the commissioner—you can always consult with a family lawyer to get your legal ducks in a row before filing.

Can I Get an Interim or Temporary Protective Order Against Someone Living With Me?

Yes, you may get a protective order—interim, temporary, or final—against an individual currently living with you.

Now, whether you or the alleged abuser moves out of the current residence depends on several factors. You may wish to move out of the place where you were abused and in with a friend or family member until more permanent accommodations can be worked out, for example.

A Maryland judge can order an alleged abuser removed from shared property:

• If your name is on the lease or deed for the shared home at the time of the order; or
• You and the alleged abuser are both married at the time of the order.

Each situation is different, so consult with your lawyer to see whether you or the alleged abuser must leave the home.

How Long Do Interim And Temporary Protective Orders Last?

Interim protective orders in Maryland last for about two days, or until a judge can hear the case at a temporary protective order hearing.

Temporary protective orders are effective for no more than seven days after the alleged abuser is officially served with the temporary order, or until the court may hold a final protective order hearing.

A Maryland judge may extend a temporary protective order for up to six months with relevant cause.

What Happens if Someone Breaks the Interim or Temporary Protective Order?

One of the most common ways a protective order is broken is to try to talk to or otherwise contact one of the named parties.

For example, if a Maryland judge or commissioner has issued a “no contact” requirement as part of the protective order, then texting from one party to another would break the protective order.

If the court becomes aware of protective order violations, then the violator can face misdemeanor charges with up to 180 days in jail, probation, and possibly other ramifications, as well.

What Happens if Someone Files a Criminal Charge or Divorce at the Same Time?

Often, when a protective order is filed, it may be accompanied by a criminal assault charge or another criminal act. Many times, people are served with a protective order, and they still don’t know there is a warrant or summons for a criminal charge as well. It is important that an experienced lawyer look into this ASAP because they may be able to “quash” a warrant and advise you accordingly.

Let’s say that a protective order was filed in conjunction with a divorce petition. Things like alimony, property division, and child-related issues such as custody and support are all included in a divorce decree, and Maryland judges will not react well if they discover one of the parties has broken the protective order.

If you or someone else has broken an interim or temporary protective order, then contact a lawyer immediately. There are possible steps that can be taken to mitigate the damage, and in the meantime, do your best not to break the protective order again!

What Should I Do if Someone Files a False Protective Order Against Me?

Undoubtedly, many people file protective orders to obtain a quick resolution to matters such as a divorce or alimony requests.

Yes, like any other legal situation, some individuals fabricate scenarios and totally made-up situations that never occurred.

Maryland’s system defaults to “protect the possible victim,” rather than “prove the alleged abuser innocent.” Therefore, as soon as you receive word that a protective order—interim or temporary—has been filed against you, contact an experienced litigation firm as soon as you possibly can.

The protective order hearings can happen extremely quickly—within a week from the first petition to the final, quasi-permanent protective order—and you’ll appreciate having trial lawyers who can get the evidence you need to prove a false claim as quickly as possible.

A message from Jim Crawford:

Peace and protective orders have been one of the most fascinating aspects of domestic legislative change in Maryland for decades. Previous to this specific legislation, Maryland had the old “Restraining Order”, which was complex and daunting. The purpose of this legislation is to quickly and effectively assist individuals who need protection. For the most part, this law has worked effectively. However, just like any scenario some individuals will take advantage and use these powerful weapons in a fraudulent way to get a “leg up” on a spouse or another.

The biggest difference with these laws is that they have extremely sharp “teeth”. Unlike the old restraining orders, if you violate the breath of the order there are criminal ramifications.

That is why it is so important that you contact an attorney immediately. Planning and preparation often lead to the desired result.