Understanding The Domestic Violence Protective Order in Maryland

Domestic violence is a serious issue that affects countless families across Maryland. If you or someone you care about is experiencing abuse, or is accused of abuse, understanding your legal options is crucial. One of the most important tools available for protection is a domestic violence protective order. A Protective Order can have serious ramifications for a future divorce or custody case, so proceed cautiously with a trusted domestic violence protective order law firm in Maryland like Jimeno & Gray. 

What Is a Domestic Violence Protective Order?

A domestic violence protective order is a civil court order designed to protect victims of abuse from their abusers. In Maryland, these orders are governed by the Family Law Article and can prohibit an abuser from contacting, threatening, or coming near the victim. The order can also address issues such as temporary custody of children, use of a shared home, and even temporary financial support.

It’s important to understand that protective orders are civil matters, not criminal ones. However, violating a protective order is a criminal offense that can result in immediate arrest and prosecution. This dual nature makes protective orders a powerful tool for victim safety.

Types of Protective Orders in Maryland

Maryland law provides three main types of protective orders, each serving different purposes and timeframes.

Interim Protective Orders are emergency orders issued by a District Court Commissioner when the courthouses are otherwise closed. They are designed for immediate protection and only last until 48 hours after the court reopens, when the Petitioner will need to go to court for a Temporary Protective Order. 

Temporary Protective Orders are emergency orders that can be issued quickly, often on the same day you file your petition. These orders are designed to provide immediate protection when there’s an imminent danger of abuse. A temporary order can be granted without the alleged abuser being present in court, based solely on your petition and testimony. These orders typically remain in effect until a full hearing can be scheduled, usually within a week or two.

Final Protective Orders are issued after a full court hearing where both parties have the opportunity to present evidence and testimony. If the judge finds that abuse has occurred and that there’s a threat of future abuse, a final protective order can be issued for up to one year. In some cases, these orders can be extended for additional periods if circumstances warrant continued protection.

Who Qualifies for a Protective Order?

Not everyone can petition for a domestic violence protective order in Maryland. The law specifies certain relationships that qualify. You may seek a protective order

• if the abuser is a current or former spouse, 
• if the abuser is a person you live or lived with for at least 90 days within the past year
• if the abuser is a person with whom you have a child
• if the abuser is a current or former sexual partner
• if the abuser is a family member related by blood, marriage, or adoption, or someone you have had a substantial dating relationship with.

The abuse itself must also meet certain criteria. Maryland law defines abuse as an act:

• that causes serious bodily harm; 
• places someone in fear of imminent serious bodily harm;
• assault in any degree, rape or sexual offense, false imprisonment, or stalking.

Emotional abuse alone, without threats of physical harm, generally does not qualify for a protective order, though it may be addressed through other legal channels.

The Process of Obtaining a Protective Order

The process begins by filing a petition at your local District or Circuit Court. Normally, these petitions are filed in the county where you live. Court clerks can provide you with the necessary forms, and many courts have domestic violence units or advocates who can help you complete the paperwork.

When you file your petition, you’ll need to describe the abuse in detail, including specific incidents with dates if possible. The more specific information you provide, the stronger your case will be. If you’re seeking a temporary protective order, a judge will review your petition and grant immediate protection if warranted.

Within days of the temporary order being issued, a full hearing will be scheduled. At this hearing, both you and the alleged abuser will have the opportunity to testify and present evidence. You may bring witnesses, police reports, medical records, photographs, text messages, or any other evidence that supports your case. The judge will consider all the evidence and decide whether to issue a final protective order.

Sometimes, if there is a pending divorce or custody case, the District Court will schedule the final hearing in the Circuit Court where the divorce or custody case is pending. 

What a Protective Order Can Include

Maryland protective orders can include various provisions tailored to your specific situation. The judge may order the abuser to refrain from abusing, threatening, or contacting you. The order can require the abuser to stay away from your home, workplace, or your children’s school. If you share a residence, the judge can order the abuser to vacate the home, even if they own or rent it.

When children are involved, the protective order can include temporary custody provisions and establish visitation arrangements that keep you safe. The order might also require the abuser to surrender any firearms they possess and prohibit them from purchasing new weapons. In some cases, the judge may order temporary financial support or allocate responsibility for shared debts and property.

Enforcing a Protective Order

Once a protective order is issued, it’s enforceable by law enforcement throughout Maryland. You should keep a copy of the order with you at all times and provide copies to your employer, your children’s school, and local police. If the abuser violates any provision of the order, you should call the police immediately.

Violation of a protective order is a criminal offense. The abuser can be arrested and charged with contempt of court, which carries penalties including fines and up to 90 days in jail for a first offense. Subsequent violations can result in more severe penalties. Additionally, violation of a protective order can be charged as a separate misdemeanor with up to one year in jail.

Moving Forward

Obtaining a protective order is often just the first step in addressing domestic violence. While the order can provide crucial legal protection, it’s important to develop a comprehensive safety plan. This might include changing your phone number, varying your daily routine, securing your home with new locks, and identifying safe places to go in an emergency.

Many victims also benefit from counseling and support services. Maryland has numerous domestic violence programs that offer free confidential services including counseling, safety planning, emergency shelter, legal advocacy, and support groups. These resources can be invaluable as you work to rebuild your life.

Seeking Legal Guidance With Our Domestic Violence Protective Order Law Firm in Maryland

While you can petition for a protective order on your own, having an experienced family law attorney like Jimeno & Gray can significantly strengthen your case. An attorney can help you gather evidence, prepare for your hearing, understand your rights, and ensure that the protective order includes all necessary provisions for your safety and well-being. 

If you’re experiencing domestic violence, remember that help is available and you don’t have to face this situation alone. Taking legal action through a domestic violence protective order law firm like Jimeno & Gray can be an important step toward safety and healing for you and your family. Contact us today online or by phone.