Maryland Family Law Attorney: A Guide to Obtaining a Protective Order in Maryland
Domestic violence is a serious issue that affects countless individuals and families. If you are experiencing abuse or fear for your safety or the safety of your children, obtaining a protective order can be a crucial step in protecting yourself. As a Maryland protective order attorney with nearly two decades of experience, I understand the complexities of this process and can provide the guidance and support you need.
Understanding Protective Orders
A protective order is a court order that restricts an abuser's behavior. It can prohibit them from contacting you, coming near your home or workplace, or possessing firearms. There are two primary types of protective orders in Maryland:
Peace Order: Typically used for harassment, stalking, or other forms of abuse that may not involve domestic violence.
Protective Order: Specifically designed to protect victims of domestic violence, including spouses, former spouses, partners, and individuals with children in common.
Where to File for a Protective Order
You can file for a protective order in the District Court or Circuit Court in the county where you reside or where the abuse occurred. If you live in Montgomery County, Howard County, Frederick County, Anne Arundel County, or Prince George’s County, DAVID JOHN Law Firm can assist you.
The Process of Obtaining a Protective Order
Gather Evidence: Document the abuse. This includes photos, medical records, police reports, text messages,emails, and witness statements. The more evidence you have, the stronger your case will be.
File a Petition: You can obtain a petition for a protective order at the courthouse or online. If the courthouse is open, you can file at the Clerk’s office. If the courthouse is closed, you can file at the Commissioner’s office. Complete the form accurately and in detail, describing the abuse you have suffered.
Temporary Protective Order: Once you file your petition, you may be eligible for a temporary protective order, which provides immediate protection until a hearing can be held.
The Hearing: A court hearing will determine whether a final protective order should be issued. You will have the opportunity to present evidence of the abuse. It's crucial to be prepared and to have your witnesses ready to testify.
Final Protective Order: If the court finds clear and convincing evidence of abuse, a final protective order will be issued. This order outlines the specific terms of protection and lasts for a specific period of time.
What to Expect in a Protective Order
A protective order can provide crucial protection by:
Prohibiting the abuser from contacting you or coming near your home or workplace
Ordering the abuser to vacate the shared residence
Granting temporary custody of children
Ordering the abuser to surrender firearms
Awarding temporary financial support
It's important to remember that a protective order is a civil order, not a criminal one. While it can be a powerful tool for protection, it does not replace criminal charges or punishment.
Common Mistakes to Avoid:
Delaying seeking help: The sooner you take action, the better.
Underestimating the abuser: Many victims underestimate the danger they are in.
Trying to handle the situation alone: It's essential to seek support from family, friends, or a domestic violence shelter.
The Importance of Legal Counsel
Obtaining a protective order can be a complex and emotionally draining process. Having an experienced Maryland family law attorney by your side can significantly increase your chances of success. An attorney can help you gather evidence,prepare for the hearing, and advocate for your safety and well-being.
At DAVID JOHN Law Firm, our dedicated team of Maryland protective order lawyers understands the challenges you face. We are committed to providing compassionate and effective legal representation.
Don't Wait. If you are experiencing domestic violence, please don't hesitate to contact us for a free consultation. We are here to help you regain control of your life. Contact DAVID JOHN Law Firm today for a FREE consultation.