If you live in Maryland and are afraid of someone, you can get a protective order from a judge. These orders are different than restraining orders in other states, and they have specific requirements.
These orders can help you regain control of your life and keep you safe from abusers. These orders can last for up to a year and can help you with temporary custody of children, possession of your home and other relief.
Red flag laws
Maryland’s red flag laws allow family members, doctors, and other health professionals to request extreme risk protective orders (ERPOs), which temporarily remove firearms from individuals who show signs of a danger to themselves or others. ERPOs can last as long as a year, and most states block the person from buying more guns during the time they’re under the order.
Red flag laws have become common after mass shootings. Florida passed its own law after a shooting at Marjory Stoneman Douglas High School that killed 17 people in 2018.
Many red flag laws are designed to save lives. Maryland’s, in particular, was crafted with that goal in mind Restraining Order Lawyer in Los Angeles.
Police in Maryland use the law a lot. They’ve been trained to introduce residents to the law and walk them through the process, said Assistant Attorney General for Law Enforcement Brian Frattaroli.
Filing for a restraining order
In Maryland, people who are concerned about domestic violence or other forms of abuse can file for a restraining order. These orders can stop someone from stalking them, hurting them or harassing them in many ways.
The first step is to file a Petition for Protection with your local District or Circuit court. This petition will contain a detailed description of the alleged abusive conduct and a request for a protective order.
A Protective Order can order a person to stay away from your home, school, place of employment or any other location where you might be. It also can prevent the abuser from contacting you or visiting with you or your children.
A Protective Order can also require a person to give up a weapon or to limit their access to their home or other property. They may even be ordered to undergo a mental health evaluation. If you are worried about your safety or that of your family, talk with a Glen Burnie family law attorney about obtaining a restraining order in the state of Maryland.
Violations of a restraining order
Many people don’t realize that violating a restraining order is a crime. That means that they can face jail time and fines if they are convicted.
Violating a Maryland protective order can have serious consequences. If you or your spouse are charged with a violation of a protective order, it’s important to have a lawyer who can build a defense for you.
The kinds of evidence that you need to prove that you didn’t violate your restraining order vary depending on what the allegation is. For instance, if you were alleged to have come over to the protected party’s house while they were in a grocery store, it may not be enough to win your case.
Final hearings
If you get a protective order in Maryland, it is important to understand what happens next. Usually the case moves from an interim protective order to a hearing where both parties can appear before the judge.
In these hearings, it is a good idea to get your case prepared as quickly as possible. This can be done through the use of text messages, witness testimony and other evidence that is relevant to the case.
At these final hearings the judge will make a decision on whether or not to grant your request for a protective order. They will also set out any further directions the court wants to give you and the other party. This may include a list of further reports to be submitted or a Fact Finding Hearing to be held.
