Maryland Peace Order Lawyer
Maryland does not have restraining orders. Under the law, they are referred to as peace orders. When a person wants to get protection from the court, if they want someone to have no contact with them, or be prohibited from coming to their home or place of employment, they can go to the court and request a peace order. That order can be served on the other party who is informed that they are to stay away and refrain from any contact with the petitioner. If you need more information regarding peace orders in Maryland, contact a Maryland peace order lawyer. A qualified attorney can help you through a difficult situation.
Restraining Orders vs. Civil Protection Orders
Peace orders are different from protective orders. A peace order applies to a large group of people. A person could get a protective order against a co-worker, or a tenant in the apartment building where they live. The petitioner must be able to prove to the court that the person is somehow harassing or posing a threat and they need the protection of an order.
A protective order is specific. It applies only to people who are in a domestic, marital, or family relationship with the other party. Protective orders only apply to people who are married, have a child in common, are in a relationship, or who were previously in a relationship but that relationship just ended. Those are the types of parties that qualify for a protective order. For more on a the difference between the two, get in touch with a Maryland peace order lawyer.
Who Can File a Peace Order?
Anyone can file a peace order in Maryland. A person only needs to show that someone harassed, assaulted, or threatened harm to the person. A peace order can be used in situations where someone is being harassed or threatened by a coworker, a person who resides in their apartment building, or a neighbor. There are many situations where a person could file for a peace order but they must prove that they are being harassed, assaulted, or threatened and they need the protection of this order to prevent any future contacts to prevent future harm.
Elements of Restraining Order
A restraining order requires the respondent to not have any contact with the petitioner. That means any form of contact. The respondent cannot call on the telephone or go see the person. They cannot email or text the person. They cannot ask somebody else to do any of those things on their behalf directly or indirectly. Indirectly contacting a person could also violate the peace order. A peace order can require that the respondent not go to the home or place of employment of the petitioner.
Hiring a Maryland Peace Order Lawyer
When someone is criminally charged and one party attempts to get a peace order or a protective order, they need the advice of a Maryland peace order attorney. The attorney can help them through the process of the peace order because people do not understand that whatever happens at the peace order hearing could be used against them at a later criminal trial. It could be damaging to them. An attorney can talk them through the process. They can see what kind of evidence could be raised at the peace order hearing. They can advise the person whether to contest or consent to the peace order. When someone faces a crisis like this, they respond in an emotional way. The benefit of the attorney is that the attorney is the calm rational advice giver who can advise the person about the best way to handle the situation to get the best possible outcome later at their criminal case.