Types of Maryland Protective Orders
The types of Maryland protective orders and how they differ from other legal documents are important to understand. Maryland has something similar to a restraining order called a peace order. A peace order is a form of legal protection that one party can get against another person if they can show that they were harassed or assaulted by the other person. If necessary, they have a new contract in place to prevent any future issues. A peace order is for people who do not have any family or domestic relationship.
A protective order is different from a peace order in that protective orders apply only to parties that have a family or domestic relationship. Another significant difference is that the maximum length of time a peace order can be put in place is six months. A protective order can be in place for one year. Prior to the protective order expiring, the person can file and ask that it be extended if they can give the court a good reason for the protective order to be extended. If you have more concerns about protective orders, contact a qualified protective order lawyer today.
Types of Protective Orders
A protective order can vary by the relationship of the parties. The relationship between the parties could be husband and wife, two people who have a child in common but are not married, a boyfriend, girlfriend, ex-boyfriend, ex-girlfriend, or family members related by blood. Any one of those different classifications of people can request a protective order.
The type of protective order issued in Maryland depends on the type of relief the judge granted. A protective order could be as simple as saying that the respondent is not to have any contact with the petitioner. Contact is defined as in person, by telephone, by electronic contact, or by a third party at the direction of the respondent. Contact is defined broadly and covers anything perceived as an attempt to make contact.
The most restrictive type of protective order in Maryland is a no-contact order. The judge has the authority to order the respondent to leave the home when the parties live together. The respondent must find alternate housing. The respondent can be ordered stay away from the petitioner’s place of employment. When the parties live together and have a child in common, it is possible for the court to grant emergency monetary relief. When the respondent is responsible for paying all the bills in the home, it is possible that a judge could order the respondent to continue to make an emergency family maintenance payment. Orders can be detailed and incredibly restrictive against the respondent.
Protective Order’s Impact on Criminal Case
Sometimes a respondent is almost simultaneously charged with the criminal offense of assault against the petitioner who requested a protective order. Both court actions are active within the court system. There is the protective order and there is the criminal case. The hearings for the protective order are completed well before the criminal case is scheduled for trial. At the final hearing for the protective order, the respondent has the option of testifying. If they want to, they can contest the protective order and ask the court to have a hearing about it.
Anything they say in their testimony at the protective order hearing can be used against them later at their criminal trial. Their lawyer may advise them to not testify so there are no statements made by the person that can be used against them in their criminal case. If they testify, there is a statement on the record that potentially could be used against them in the criminal case.
Working with an Attorney
It is important that the lawyer has a conversation with the individual who has a protective order hearing and a criminal case. There should be a whole conversation about whether to testify at the protective order hearing or whether the best way to go is to consent to the protective order and be prepared to deal with the case at the criminal trial. Consult with a trusted attorney for more information.