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" Thank you again for your aggressssive and persistent representation in a hard fought custody battle that resulted in getting my children back". ~~D.M. "...Thanks for being there in my time of need and for your aggressive and persistent representation. Your representation was outstanding throughout the case..." ~~L.M. 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. The experience, expertise and skill of the lawyer that represents you can make the entire difference between wining and losing your case. A Domestic Violence charge can cause a tremendous upheaval in your life. 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. As a fprmer prosecuter, Jack I. Hyatt understands the legal process, has gained experience in over 20,0000 cases since 1973, and will provide aggressive representation in your case and will provide the best opportunity to get the case dismissed. Peace Order or Protective Order . . . which one? Peace and protective orders are civil orders issued by a judge to prevent one person from committing certain acts against others. The personal relationship between the “ respondent” (person alleged to commit the prohibited act) and the victim (person to be protected) determines which kind of petition would be filed. Protective orders generally apply to people in domestic relationships. Peace orders apply to other relationships (dating, neighbors, co-workers, acquaintances, strangers). You cannot qualify for both; you must choose the one for which you would qualify. If you are filing the petition for yourself, do any of these apply to you? I am the current or former spouse of the respondent I have lived in an intimate relationship with the respondent for at least 90 days during the past year I am related to the respondent by blood, marriage, or adoption I am the parent, stepparent, child, or stepchild of the respondent, and I have resided with the respondent for 90 days during the past year I have a child with the respondent If you checked any of the above, you would file for a protective order. If you did not, you would file for a peace order. If you believe a minor child or a vulnerable adult (an adult who cannot provide for his or her own daily needs) is in need of protection, you may file for a protective order for them if: -- one of the above boxes describes their relationship with respondent and -- you are related to the minor child or vulnerable adult or -- you reside in the same house with the minor child or vulnerable adult What do you have to prove? Once you determine the type of order for which you may qualify, you then must prove that one of the following acts occurred: For a peace order: - an act that caused serious bodily harm - an act that placed the petitioner in fear of imminent bodily harm - assault in any degree - rape or sexual offense - attempted rape or sexual offense - false imprisonment - criminal harassment * - criminal stalking * - criminal trespassing * - malicious destruction of property* * these acts apply only to a peace order. For a protective order: - an act that caused serious bodily harm - an act that placed the petitioner in fear of imminent bodily harm - assault in any degree - rape or sexual offense - attempted rape or sexual offense - false imprisonment How to apply for an Order Step 1: Complete the correct petition Petition for Protection (form CC/DCDV1) can be obtained from any circuit or District Court clerk or commissioner. A Petition for Peace Order (form DC/PO1) must be obtainedfrom a District Court clerk or commissioner. All forms are available at:www.courts.state.md.us/courtforms/(Click here to go to forms.) Step 2: File the petition During normal business hours, file the petition with a circuit or District Court clerk (District Court for peace orders). Once the petition is filed, you will then go to a courtroom to await a hearing. Step 2a:Interim Order When courts are closed, District Court commissioners may issue Interim Peace and Protective Orders to last until a judge holds a temporary hearing. An interim order goes into effect once the respondent is served by a law enforcement officer. Step 3: Appear for a temporary hearing When you appear before a judge, you will be required to answer questions under oath. If the judge finds reasonable grounds to believe that the respondent committed the acts alleged in the petition against you, (and in the case of a peace order, is likely to do so again) a temporary order is granted. The order goes into effect once a law enforcement officer serves the respondent and generally lasts for seven days unless extended by a judge. Step 4: Appear for a final hearing A final hearing is usually scheduled within seven days after the order is served. At the hearing, both parties may present evidence. However, if the respondent does not attend, the judge may still grant a final order if: --- At the trial the judge finds clear and convincing evidence that the respondent committed the alleged act against the petitioner, as defined under the law, (and in the case of a peace order, is likely to do so again); or --- Instead of a trial, the respondent consents to the entry of a final order. A protective order may last up to one year, with a possible six-month extension; a peace order may last up to six months. What will the Order do? Peace and protective orders are intended to provide protection for the petitioner and other individuals named in the order. The respondent may be ordered to: --- stop threatening or committing abuse --- stay away from the petitioner’s home, place of employment or school --- have no contact with the petitioner or others A protective order may also: --- award temporary use and possession of the home to the petitioner --- award temporary custody of children to the petitioner --- award temporary financial support Frequently asked questions Where do I file? A petition for a peace order may be filed only in District Court. A petition for a protective order may be filed in District Court or in a circuit court. If the clerk’s office is open, you must file with the clerk. If the clerk’s office is closed, file with a District Court commissioner. To locate a court, visit the Judiciary website at www.courts.state.md.us or look under the government pages of your phone book. Is there a deadline for filing? A petition for a peace order must be filed within 30 days of the act described within the petition. There is no specified time frame for filing a protective order. Can criminal charges also be filed? Peace and protective orders are civil orders, and are not criminal charges. If you wish to file for criminal charges, see a District Court commissioner or a state’s attorney. What happens if an order is violated? Violation of an order may result in a finding of contempt, mandatory arrest, criminal prosecution, imprisonment, or fine. Do I need a lawyer? An attorney may be helpful in advising you about your case and representing you in court. However, you are not required to have an attorney. 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. AM I BEING ABUSED? CHECKLIST Look over the following questions. Think about how you are being treated and how you treat your partner. Remember, when one person scares, hurts or continually puts down the other person, it's abuse. Does your partner… ____ Embarrass or make fun of you in front of your friends or family? ____ Put down your accomplishments or goals? ____ Make you feel like you are unable to make decisions? ____ Use intimidation or threats to gain compliance? ____ Tell you that you are nothing without them? ____ Treat you roughly - grab, push, pinch, shove or hit you? ____ Call you several times a night or show up to make sure you are where you said you would be? ____ Use drugs or alcohol as an excuse for saying hurtful things or abusing you? ____ Blame you for how they feel or act? ____ Pressure you sexually for things you aren't ready for? ____ Make you feel like there "is no way out" of the relationship? ____ Prevent you from doing things you want - like spending time with your friends or family? ____ Try to keep you from leaving after a fight or leave you somewhere after a fight to "teach you a lesson"? Do you… ____ Sometimes feel scared of how your partner will act? ____ Constantly make excuses to other people for your partner's behavior? ____ Believe that you can help your partner change if only you changed something about yourself? ____ Try not to do anything that would cause conflict or make your partner angry? ____ Always do what your partner wants you to do instead of what you want? ____ Stay with you partner because you are afraid of what your partner would do if you broke-up? If any of these are happening in your relationship, talk to someone. Without some help, the abuse will continue. (Adapted from Reading and Teaching Teens to Stop Violence, Nebraska Domestic Violence and Sexual Assault Coalition, Lincoln, NE). WHAT IS A PROTECTIVE OR RESTRAINING ORDER? 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. WHAT IS DOMESTIC VIOLENCE? Domestic Violence is physical violence, threatened violence, and abuse which occurs in the following relationships: Married Couples (also known as Spousal Abuse) Cohabiting Couples Persons who have a child or children in common Persons in a dating relationship or who were in a former dating relationship Persons who were formerly married to each other DOMESTIC VIOLENCE covers a wide range of abuse, including Spousal Abuse and child endangerment. Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution under the California Domestic Violence laws. DOMESTIC VIOLENCE cases are treated differently than other criminal cases. There are designated Prosecutors and special Domestic Violence Units (DV Units) within the Prosecutor's office that stand ready to aggressively prosecute anyone charged with Domestic Violence. 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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