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Protection from Abuse and Violence
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- Considerations When Filing a Petition for Relief from Domestic Violence in Maryland
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Protection from Abuse and Violence
Domestic Violence and Protection from Abuse
Domestic violence and abuse are very sensitive and personal issues; they also require immediate action to protect yourself, your children, and loved ones from further harm, both physical and emotional. There are two types of protection available – Protective Orders and Peace Orders. Whether you qualify for one or the other depends upon your relationship with the abusive party. Protective Orders and Peace Orders are designed to protect you from violence, abuse, harm, threats of abuse or harm, and certain criminal offenses.
The attorneys at Andalman & Flynn are very experienced in protecting victims of domestic violence and abuse by obtaining and enforcing Protective Orders and Peace Orders. Contact the attorneys of Andalman & Flynn immediately for a consultation and assistance seeking orders of protection from domestic violence and abuse. Please call us at (301) 563-6685 or contact us online.
After Hours Assistance
If you are the victim of domestic violence and it is either after 5:30 p.m. on weeknights, the weekend, or a holiday, please contact the District Court Commissioners for assistance with obtaining an Interim Protective or Peace Order for protection from domestic violence or abuse. Then, contact us on the first business day after obtaining your Interim Protection or Peace Order for further assistance. The Petition for Protection form is available online for you to fill out before contacting the District Court Commissioners.
Protective Orders and Peace Orders
You can qualify for a Protective Order or a Peace Order, but not both. Your relationship to the abuser determines your eligibility for either order. Both provide protection from abuse that includes stay away and no contact orders, stopping harm and threats of harm.
Protective Orders also provide additional relief because of the special relationship between the victim and abuser; such relief includes custody and visitation orders, financial support, and use of the family home and vehicle.
Peace Orders, on the other hand, also provide protection from certain criminal acts not covered by Protective Orders, such as harassment, trespassing, and malicious destruction of property.
Protective Orders - Protection from Domestic Violence
Protective Orders are available to a victim who is a:
- Spouse or former spouse of the abuser
- Partner of the abuser and who has lived with the abuser for at least 90 days during the last year
- Relative by blood, marriage, or adoption
- Parent, stepparent, child or stepchild of the abuser
- Parent of the abuser’s child
- Persons who are related to a child or vulnerable adult who lives with the abuser
Protective Orders protect against:
- Acts causing serious bodily harm
- Acts placing victim in fear of imminent bodily harm
- Assault in any degree (an unwelcome physical contact that involves some injury or offensive touching)
- Rape or sexual offense
- Attempted rape or sexual offense
- False imprisonment
- Criminal stalking
Protective Orders may provide all or any of the following relief: require the abuser to stay away, vacate the family home, and stop contact with the victim and victim’s children, as well as providing for emergency custody, visitation, financial support, continuing use of the family vehicle and home, counseling for the abuser, and surrendering of the abuser’s firearms.
The first step in the process is to obtain a Temporary Protective Order, which lasts up to seven days, or an Interim Protective Order from the District Court Commissioners if after hours, followed by a Temporary Protective Order. The next step is the Final Protective Order hearing, at which the victim must overcome the hurdle of proving at trial, by clear and convincing evidence, that the abuse occurred and is likely to continue. This means the Court must find that the majority of the evidence supports you, but also that the evidence presented is certain, unambiguous, reasonable, and persuasive. A Final Protective Order may last up to one year and be extended an additional six months.
This Protective Order hearing is critical to continuing protection from harm. The attorneys at Andalman & Flynn have the experience to help you through the process, and have success in obtaining Final Protective Orders, either with the abuser’s consent or ordered by the Court.
If you have been the victim of abuse, do not delay in seeking the protection you need and deserve. While it may also be appropriate to file criminal charges, you should obtain a Protective Order first and immediately. Because of the protections available in a Protective Order: financial assistance, use of the family home and automobile, custody, visitation, and no contact and stay away orders, a Protective Order is a very important step to ensure your safety and peace.
Peace Orders - Protection from Abuse
Peace Orders are available to a person needing protection from a:
- Person with whom there is no special relationship as required by a Protective Order
- Significant other
- Neighbor
- Co-worker
- Acquaintance
- Stranger
Peace Orders protect against:
- Acts causing serious bodily harm
- Acts placing victim in fear of imminent bodily harm
- Assault in any degree (an unwelcome physical contact that involves some injury or offensive touching)
- Rape or sexual offense
- Attempted rape or sexual offense
- False imprisonment
- Criminal stalking
- Criminal harassment
- Criminal trespassing
- Malicious destruction of property
Peace Orders may require the abuser to stay away from the victim, not to contact the victim, to stop the abuse, harassment and threats of harm, as well as provide for counseling for either or both the abuser and victim.
The first step in the process is to obtain a Temporary Peace Order, which lasts up to seven days, or an Interim Peace Order from the District Court Commissioners if after hours. The next step is the Peace Order hearing, at which the victim must overcome the hurdle of proving at trial, by clear and convincing evidence, that the abuse occurred and is likely to continue. This means the Court must find that the majority of the evidence supports you, but also that the evidence presented is certain, unambiguous, reasonable, and persuasive. A Peace Order may last for up to six months.
This Peace Order hearing is critical to continuing protection from harm. The attorneys at Andalman & Flynn have the experience to help you through the process, and have success in obtaining Peace Orders, either with the abuser’s consent or ordered by the Court.
If you have been the victim of abuse, do not delay in seeking the protection you need and deserve. While it may also be appropriate to file criminal charges, you should obtain a Peace Order first and immediately. Because of the protections available in a Peace Order, that an abuser have no contact and stay away from the victim, a Peace Order is a very important step to ensure your safety and peace.
For additional information about Protection from Abuse and Violence, please see our Frequently Asked Questions.
Library for Protection from Abuse and Violence:
- Peace Orders and Protective Orders [PDF]
Description: In Maryland, Peace Orders and Protective Orders are civil orders issued by a judge to prevent one person from committing certain acts against others. Whether you are issued a Peace Order or a Protective Order is based on the personal relationship between you and the alleged offender, and you cannot qualify for both orders in the same situation. Peace Orders apply to other relationships such as neighbors, co-workers, acquaintances, or even strangers. - Considerations When Filing a Petition for Relief from Domestic Violence in Maryland [PDF]
Description: Deciding on whether to file a Petition for Relief from Domestic Violence in Circuit Court or District Court may very well depend on the County in which the petitioner is filing. The attorney should consider both the availability of the judges in each court and which court will have time to consider fully both the Petitioner’s initial request for Relief and the subsequent hearings. For a pro se litigant, it is generally easier to bring the Petition for Relief before a District Court judge, and the process is a bit less intimidating. Further, the clerks in the District Court are more accustomed to answering laypersons’ questions. - Petition for a Maryland Peace Order and How if Differs from a Domestic Violence Case [PDF]
Description: Effective October 1, 1999, the Peace Order Act allows any person who has been subjected to abuse, harassment, stalking, trespass, or malicious destruction of property to seek relief in the Maryland District Courts. This article addresses the differences between a Protective Order and Peace Order.
Frequent Questions for Protection from Abuse and Violence:
- I have been abused by my spouse/live-in partner, what relief can I seek?
- How can I obtain a Protective Order?
- What is the difference between a Protective Order and a Peace Order?
Web Resources for Protection from Abuse and Violence:
- District Court Commissioners
Description: Contact information for after hours assistance for domestic violence protection.
- Maryland Coalition Against Sexual Assault
- Maryland Domestic Violence Resources
Description: Maryland resources for victims of domestic violence.
- Maryland Network Against Domestic Violence
- Maryland Petition for Protection Court Form
Description: Maryland court forms to request protection from domestic violence.
- Sheriff's Office, Montgomery County, Maryland
- Victim Assistance and Sexual Assault Program
- Women's Law Center of Maryland, Inc.
Quick Contact
Andalman & Flynn P.C.
8601 Georgia Avenue,
Ste. 604
Silver Spring, MD 20910
Phone: (301) 563-6685
Fax: (301) 563-6681
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