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A violation of a protective order may result in criminal prosecution, imprisonment, and contempt of court. Law enforcement may arrest a person whom the officer has probable cause to believe is in violation of a protective order, as required to the Maryland Code, Family Law Article, § 4-508. A protective order shall be recognized and enforced by the courts of any state, The District of Columbia, and U. S. Territory, tribal lands, (18 U.S.C. § 2265 ), or Department of Defense Installations. (10 U.S.C. § 1561 Crossing state, territorial, or tribal boundaries may result in federal imprisonment. ( 18 U.S.C. § 2262).
Knowing exactly how to connect the facts in your case with the specific statutes and case law can make the entire difference in wining and losing your protective order case.
The experience, expertise and skill of the lawyer that represents you can make the entire difference between wining and losing your case.
Filing documents with a court is meaningless without incorporating the specific legal authorities into the documents prior to filing. Busy trial judges who hear many different types cases may not be as knowledgeable as a dedicated protective order lawyer who can bring specific knowledge to a case which can make all of the difference between wining and losing. Mr. Hyatt is an experienced appellate attorney if you are not in agreement with a judge's decision.
"I am glad I selected you to defend my protective order case as your answers to my questions were directly on target, you advised me not to settle and after a hard fought trial you got the case thrown out of court."~~M.O. " Many thanks for your aggressive represention in getting the protective order filed against me dismissed. I did not realize how complex this would be and could have never done this by myself."~~B.S. “Due to your quick reaction and very forceful representation I was able to get a prompt emergency court order granting sole custody, exclusive use and possession of the family home and supervised visitation which is exactly what I hoped for. Many thanks for a job well done.” ~~ J R. " Thank you again for your aggressive and persistent representation in a hard fought custody battle that resulted in getting my children back". ~~D.M. "You delivered exactly what I wanted, getting my children back from another state, sole custody, having visitation supervised and child support."~~L.I. "Thank you for taking over my case and promptly resolving the difficult issues my two prior lawyers were not able to help me with. Your aggressive representation and clear answers to my questions were excellent throughout the case"~~P.O. "Your strategy and representation in getting full custody of our granddaughter was outstanding since taking over the case from our prior lawyer. I wish I would have found you first."~~D.B. "Thanks for being there in my time of need and for your aggressive representation. Your representation was outstanding throughout the case." ~~L.M.
Busy trial judges, who hear hear many different tyes of cases, may not be as knowledgeable as a dedicated protective order lawyer or domestic violence lawyer who can bring specific knowledge to each case, which can make all of the difference between wining and losing.
As a former prosecuter, Jack I. Hyatt has a clear understanding of the legal process, has gained experience in over 20,0000 cases since 1973, and will provide very aggressive representation in your case.
Once our office is retained, we will identify all of your options, from those options, select the very best way to proceed in your case, and connect the facts in your case with the specific laws and cases to give you the very best chance to win.
You can start your case right now by calling 410-486-1800
The effects of a protectve order are severe. A court can quickly order a party out of their home for up to a year, order temporary custody for up to a year and award child support for up to a year. If an order for protection has been given, you may find yourself unable to get into your house, even to get clothes. You may be unable to see your children.
We can help you get your life back to normal.
WHAT IS DOMESTIC VIOLENCE?
Domestic violence is about one person getting and keeping power and control over another person in an intimate relationship. The abusive person might be your current or former spouse, live-in lover or dating partner. A psychologist and law school professor who is an expert in domestic violence has described it as "a pattern of behavior in which one intimate partner uses physical violence, coercion, threats, intimidation, isolation and emotional, sexual or economic abuse to control and change the behavior of the other partner." (Mary Ann Dutton)
Domestic violence happens to people of all ages, races, ethnicities, and religions. It occurs in both opposite-sex and same-sex relationships. Economic or professional status does not indicate domestic violence - abusers and victims can be laborers or college professors, judges or janitors, doctors or orderlies, schoolteachers, truck drivers, homemakers or store clerks. Domestic violence occurs in the poorest ghettos, the fanciest mansions and white-picket-fence neighborhoods.
About 95% of victims of domestic violence are women. Over 50% of all women will experience physical violence in an intimate relationship, and for 24-30% of those women, the battering will be regular and on-going. Every 15 seconds the crime of battering occurs. (National Coalition Against Domestic Violence General Information Packet). Most abusers are men. They may seem gentle, mean, quiet or loud, and may be big or small. There is some evidence that shows boys who grow up with domestic violence often become abusers as adults, however, many abusers are from non-violent homes, and many boys from violent homes do not grow up to be abusive.
The law defines domestic violence in very specific ways. Every state and U.S. territory has laws that allow its courts to issue protection orders, as do many Indian tribes. Each state, territory or tribe decides for itself how to define domestic violence and how its laws will help and protect victims, so the laws are different from one jurisdiction to another. Although you may be a victim of domestic violence, the laws in your jurisdiction may be written in a way that does not include or protect you. This does not mean that you are not a victim, and it does not mean that you should not seek help.
The law is a useful and important tool for increasing safety and independence, but it is not the only tool. In addition to legal assistance, you might benefit from safety planning, medical care, counseling, economic assistance and planning, job placement, childcare, eldercare or pet care assistance, or many other types of practical help and advice. You can seek assistance from advocates, shelters, support groups, the National Domestic Violence Hotline, and perhaps even your religious leader or doctor.
DOMESTIC VIOLENCE is a pattern of abusive behavior which keeps one partner in a position of power over the other partner through the use of fear, intimidation and control. PHYSICAL ABUSE: Grabbing, pinching, shoving, slapping, hitting, hair pulling, biting, etc. Denying medical care or forcing alcohol and/or drug use. SEXUAL ABUSE: Coercing or attempting to coerce any sexual contact without consent, e.g., marital rape, forcing sex after physical beating, attacks on sexual parts of the body or treating another in a sexually demeaning manner.
ECONOMIC ABUSE:
Making or attempting to make a person financially dependent, e.g., maintaining total control over financial resources, withholding access to money, forbidding attendance at school or employment. EMOTIONAL ABUSE: Undermining a person's sense of self-worth, e.g., constant criticism, belittling one's abilities, name calling, damaging a partner's relationship with the children. PSYCHOLOGICAL ABUSE: Causing fear by intimidation, threatening physical harm to self, partner or children, destruction of pets and property, mind games or forcing isolation from friends, family, school and/or work. Thank you to Valerie Despres for her help in writing this article.
A protective order is a legal order issued by a state court which requires one person to stop harming another person. It is also sometimes called a protection order, a restraining order, a TPO or TRO ("temporary protection order" or "temporary restraining order"), or some other similar name. All protective order laws are state laws, not federal laws, and each state has a different law (also called a statute). You can get specific information on the laws in your state by using the pull down menu on the top, left-hand side of this page.
In general, domestic violence protective order laws establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced. While there are differences from state to state, all protective order statutes permit the court to order the abuser to stay away from you, your home, your workplace or your school ("stay away" provisions) and to stop contacting you. You generally also can ask the court to order that all contact, whether by telephone, notes, mail, fax, email or delivery of flowers or gifts, is prohibited ("no contact" provisions). Courts can also order the abuser to stop hurting or threatening you ("cease abuse" provisions).
Some statutes also allow the court to order the abuser to pay you temporary support or continue to make mortgage payments on a home owned by both of you ("support" provisions), to award you sole use of a home or car owned by both of you ("exclusive use" provisions), or to pay you for medical costs or property damage caused by the abuser ("restitution" provisions).
Some courts might also be able to order the abuser to turn over any guns, rifles and ammunition he has ("relinquish firearms" provisions), attend a batterers' treatment program, appear for regular drug tests, or start alcohol or drug abuse counseling.
Many jurisdictions also allow the court to make decisions about the care and safety of your children. Courts can order the abuser to stay away from and have no contact with your children's doctors, daycare, school or after-school job. Most courts can make temporary custody decisions, although many courts are very reluctant to do so. Some can issue visitation or child support orders. You can also ask the court to order supervised visitation, or to specify a safe arrangement for transferring the children back and forth between you and the abuser ("custody, visitation and child support" provisions).
When the abuser does something that the court has ordered him not to do, or fails to do something the court has ordered him to do, he has violated the order. The victim can ask the police or the court, or both, depending on the violation, to enforce the order. The police can generally enforce the stay away, no contact, cease abuse, exclusive use, and custody provisions - those that need immediate response. If you are unable to call them when the violation occurs, they should take a report if you call them soon afterwards. These types of violations can also later be addressed by the court, and it is often a good idea to bring them to the court's attention.
Other violations are not easily enforced by the police, such as failure to pay support or attend treatment programs - those are better enforced by the court. If you file a "motion for contempt" explaining how the abuser violated the order, the court will hold a hearing to determine if the facts prove that the abuser violated the order. If the court finds a violation did occur, it will determine a penalty. Depending upon the laws of your jurisdiction and the nature of the violation, the penalty might be a finding of civil or criminal contempt, which could result in a fine, jail time or both. In some cases, it might result in a misdemeanor or felony criminal conviction and punishment.
DOMESTIC VIOLENCE ABUSE
EXAMPLES
Threats
Intimidation
Annoying Phone Calls
Stalking (such as following the victim to and from work, and threatening the victim)
Physical Assault or Abuse
Hitting
Slapping
Pushing
Shoving
Kicking
Biting
Pinching
Punching
Hair pulling
Beating
Sexual Abuse
Unwanted sexual touching
Forced sexual acts
Criticizing sexual ability
Verbal Abuse
Emotional cruelty
Constant criticism
Name calling
Ignoring the victim
Degrading remarks
Mocking
Taunting
Swearing
Financial Abuse
Refusing to pay bills
Withholding money from victim
Not allowing victim to work
Not purchasing family necessities
Social Abuse
Isolating the victim from family / friends
Violating privacy rights of victim
Opening and reading victim's mail
Monitoring and listening in on telephone calls
Outward jealousy and possessiveness
Child Abuse
Child endangerment charges can be filed if the child witnesses the violence
DOMESTIC VIOLENCE charges may be filed as a misdemeanor or a felony. How it is filed by the Prosecutor is based on the seriousness of the case. Severe injuries (including severe cuts and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filed as a misdemeanor. Both prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed---usually as a felony.
The terminology used differs from state to state - restraining orders and protective orders are examples of orders issued by a court restraining the conduct of a person and protecting a victim from the activities of an abusive person.
A "Temporary Restraining Order" is ordinarily issued after an "ex parte appearance" (an appearance in court by one party without the other being present). The Temporary Restraining Order is an order of the court that states that a person is to refrain from particular acts and to stay away from particular places.
A Temporary Restraining Order becomes effective only once it has been served on the restrained person (so s/he has notice and can seek an opportunity to be heard). In addition to the Temporary Restraining Order, an "Order to Show Cause" hearing is scheduled so that both parties will have the opportunity to explain to the court the reasons why a more "permanent" restraining order should or should not be issued.
Temporary Restraining Orders usually can be issued the same day they are requested and remain in effect until the scheduled hearing on the Order to Show Cause. The Order to Show Cause hearing is typically scheduled to occur within 15 or 20 days.
Once the Temporary Restraining Order and Order to Show Cause have been served on the person to be restrained, a hearing can be held to determine whether there is sufficient cause for a court to issue a more "permanent" restraining order. Based upon the evidence presented at this hearing, a court can order the restrained person from engaging in certain acts and from being in certain places (such as the victims' residence and place or employment). After a hearing, a Restraining Order can remain in effect for a period of time, even several years. This Restraining Order After Hearing can also be renewed for additional periods of time upon application by the protected person, and its duration may become permanent.
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