A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Maryland Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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FAQ
1: Final Protective Order hearing. This is a formal hearing and the rules of evidence apply. 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.
There is no time limit for filing protective orders in Maryland. But in deciding whether you have proven ?reasonable ground that the abuse occurred, the court may consider the length of time between the filing of the Petition and the time of the alleged acts.
It's a crime to violate certain conditions of a protective order, such as contacting, harassing, or abusing someone. File criminal charges at a commissioner's office or call police, who may arrest someone who violates an order. If found guilty, they face up to 90 days in jail and up to $1,000 in fines.
Do peace orders or protective orders go on ? your record?? Both of these orders appear on the Maryland Judiciary Case search which is a public database of the Maryland court system. In some cases, you may shield them from public view.
As the person seeking relief, you hold the burden of proof by ?a preponderence of the evidence.? (This means "more likely than not.") The Judge who hears the case may not be the same Judge that presided over the Temporary Peace Order hearing.
They are similar. The difference: Protective orders apply if you are in a family-like or sexual relationship or if sexual assault has occurred; peace orders apply to all other relationships. Think neighbor, stranger, co-worker. If your relationship qualifies for a protective order, you may NOT seek a peace order.
Once a peace order is in place, you must abide by it or you risk a violation. If you don't follow the peace order, you can be found guilty of a misdemeanor. This may mean a fine of up to $1,000 and jail for up to 90 days. Those penalties increase if you violate a peace order more than once.
IMPORTANT NOTICE: Appeals to the Appellate Court of Maryland can be complicated for unrepresented parties. The deadline for most appeals is 30 days from entry of a final judgment or appealable order. Whenever possible, discuss your appeal deadline and appeals process with a lawyer.