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Knowing exactly what needs to established at your trial and how to prove your case 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.

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 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.