Violating Maryland Protective Orders
Not everyone will suffer the consequences of violating Maryland protective orders. In Maryland, if a person is not in either a domestic relationship or a relative of the other person, they do not qualify for a protective order. There is an alternative which is called a peace order, the slang term for that is a restraining order. It may be critical o speak with an adept protective order lawyer about your legal options.
What is the Role of the Accuser?
The person who requested the order is called the petitioner, and if the petitioner believes that the order has been violated they have a couple different options. Usually, they should contact the police and make a report about how the order is being violated. If the police officer feels there is evidence the order has been violated, then the officer can take out criminal charges for the violation of a protective order.
In some circumstances, the petitioner could call 911. Police officers are very quick to respond to an allegation of a violation of protective order. If that person is at their home or has come to their job they can have police respond immediately. Police officers take protective orders very seriously. Advocates, or experts of domestic violence, point out that regarding an abusive relationship, when the victim is trying to remove themselves from the relationship, that actually can be the most dangerous time.
Severity of a Probation Violation
The consequences of violating Maryland protective orders are treated seriously because in the eyes of the law, the person not only violated the protective order, but they also risked the safety of the accused by defying a judge’s order. That is the situation where a judge could put someone in jail. Leniency, like a first time DUI or a misdemeanor assault or a misdemeanor theft, evaporates when talking about criminal violations of protective orders. That often happens because the research shows that when a victim is attempting to leave a violent relationship, they are in the most in jeopardy of actually being harmed. When abuser assaults the victim, judges will see that as a personal affront to the judge.
Why it is Important to Contact an Attorney
They should contact an attorney because the consequences of violating Maryland protective orders are incredibly serious. If they are convicted, they will serve a sentence, usually a maximum penalty, for violating an order.
It is important for the person to understand all of the nuances of the law and how they could be found guilty of violating the protective order. Unfortunately, what happens a lot is that the parties decide that they want to reconcile so the parties start communicating again. But, there is still a protective order in place and any contact is an absolute violation.
The petitioner can reach out, but as soon as the respondent replies back, they have violated the order. Some judges may take that into consideration when they are deciding an appropriate sentence, but that contact is a violation of the order regardless of whether they are simply responding.