Domestic violence can occur in several ways, and often leaves victims feeling vulnerable and trapped, unsure of how to regain safety and control over their lives. In Maryland, protective orders provide a powerful legal shield against abuse, helping victims of domestic violence secure peace of mind and physical security.
Protective orders in Maryland are used to stop an abuser from legally contacting or being near the victim, providing an element of safety. If you or someone you care about is dealing with domestic violence, understanding how protective orders work is the first step toward safety.
This blog post explains the different types of protective orders in Maryland, the steps for obtaining one, the legal consequences of violating a protective order, and how Milstein Siegel’s experienced attorneys can support you throughout the process.
Domestic Violence Protective Orders in Maryland
Protective orders are legal tools meant to protect victims of domestic violence from further harm. These orders provide legal boundaries that prohibit domestic abusers from contacting, approaching, or harassing victims.
Three types of protective orders typically issued in Maryland:
1. Interim Protective Orders:
- When They Are Issued: When the courts are closed, such as on weekends or holidays. The District Court Commissioner may grant an interim protective order to provide immediate safety to victims of domestic violence.
- How They Work: An interim protective order remains active until the next available court date when a judge reviews the case. It is effective immediately, legally restricting the abuser from contacting or approaching the victim.
2. Temporary Protective Orders:
- Purpose and Duration: A family court judge may issue a temporary protective order to provide a victim of domestic violence short-term protection until a formal court hearing can take place. These orders typically last up to seven days, but judges can extend them for an additional six months if necessary for the victim’s safety.
- What They Cover: A temporary protective order may include no-contact rules, removal of the abuser from the home, and temporary custody arrangements to protect any children involved.
3. Final Protective Orders:
- When They Are Granted: Courts issue final protective orders after a formal hearing, during which both parties present evidence, and the judge determines a longer-term order is appropriate.
- How Long They Last: Final protective orders can last up to one year and may include strict rules about no contact, custody, and financial support. If concerns for the victim’s safety persist, extensions are also possible.
Filing for a Protective Order in Maryland
For survivors of domestic violence, seeking a protective order can be both a powerful step toward safety and an overwhelming process. It takes courage to break the cycle of abuse, but understanding how protective orders work and the steps to obtain one is essential for ensuring their effectiveness.
Who is Eligible & What Are the Requirements?
In Maryland, a person is eligible to file for a protective order if they have experienced any of the following types of domestic violence:
Physical harm or threats of violence- Assault or battery
- Stalking or harassment
- Sexual abuse
Those eligible to file include:
- Current or former spouses of the abuser
- Individuals who live or have lived with the abuser
- Family members of the abuser by blood, marriage, or adoption
- Parents, step-parents, or step-children of the abuser
The Filing Process
1.Filing the Petition:
- The victim completes a protective order petition describing the abuse and explaining why protection is needed. It is important for the victim to be detailed and honest about all incidents.
- The victim files the completed petition at a District Court or Circuit Court.
2. Initial Hearing:
- Depending on the filing’s timing, a judge or court commissioner may grant an interim or temporary protective order until a final hearing.
- This order provides immediate protection until the final hearing.
3. Final Hearing:
- Both parties will have the opportunity to present evidence, witnesses, and testimonies.
- The judge decides whether a final protective order is necessary based on the evidence. This order can include long-term restrictions, custody arrangements, and financial support.
Legal Implications and Enforcement of Protective Orders in Maryland
Violating a protective order in Maryland carries serious legal consequences. Knowing these consequences helps both the victim and those accused of domestic violence understand the severity of the allegations and the responsibilities involved.
What Happens if Someone Violates a Protective Order?
Violating a protective order in Maryland is a criminal offense and can result in:
- Criminal charges that may lead to fines or imprisonment
- Loss of child custody or visitation rights
- A permanent criminal record that can impact both employment and housing opportunities
Maryland courts strictly enforce protective orders, highlighting the critical need for compliance.
How Protective Orders Are Enforced
- Police Involvement: Law enforcement officers do not need a warrant to arrest anyone who violates a protective order. This swift response ensures the victim’s safety and underscores the order’s importance.
- Legal Actions: Victims can request additional legal protection or file contempt charges if the abuser violates the protective order.
- Modifying or Extending Orders: If circumstances change or concerns for the victim’s safety continue, a court can modify or extend a protective order to provide continued protection.
How the Attorneys at Milstein Siegel Can Help
A protective order, whether filing for one or defending against false accusations, can be overwhelming and emotionally exhausting. At Milstein Siegel, we provide the legal guidance and unwavering advocacy needed to protect your rights and well-being.
Our experienced attorneys ensure every step is handled correctly, offering clear explanations, strong representation, and compassionate support throughout the process. If you or a loved one is facing a domestic violence situation, don’t wait to seek help. Protective orders can be a critical tool for safety and peace of mind.
Contact Milstein Siegel today for a free consultation and take the first step toward security and justice. Contact Milstein Siegel to request a free consultation and take the first step toward safety, security, and peace of mind.