Changing and Violating Maryland Peace Orders
It is important to understand the information surrounding changing and violating Maryland peace orders. Violating a peace order is a crime in Maryland. When a person violates a peace order, they can be charged criminally with violation of the peace order and could have a criminal record that can have a negative impact on their future. It is bad enough to have a peace order against a person. Being forced to go back into court for a criminal violation of a peace order is worse and is avoidable.
Many people do not understand that when the peace order is in effect, it cannot be modified when the petitioner reaches out and wants to work things out. The respondent cannot contact the petitioner because the peace order specifically prohibits them from having any contact, even when the petitioner initiates the contact. People are accused of violating the restraining order when it was never their intention to be in violation. They did so because the petitioner initiated the contact. This can be a complicated situation, but the process can go smoother with a qualified Maryland peace order lawyer.
How Restraining Orders Are Vacated, Changed, or Extended
When a temporary order is extended, that does not affect the person’s criminal case. The two actions move separately through the court system.
The only way a Maryland peace order can be vacated, changed, or extended is when the petitioner files a request in writing to the court and asks that there be a change to the order and that the order is rescinded. It is important for people to understand that. Even when the petitioner initiates the contact with the respondent, it is still not acceptable. It can be difficult for a respondent to understand because they did not initiate the contact. People need to understand that as soon as they text back, they violate the peace order. The peace order does not apply to the behavior of the petitioner. It only applies to the behavior of the respondent.
Any violation can be a criminal matter or in contempt of the court’s order and handled in a contempt hearing. Either way, it can have a negative impact on the respondent. It is important for the respondent to understand that if the petitioner wants to have contact with them, the petitioner must go to the court and file a request in writing. Unless the respondent is called back for another hearing and the court gives them a new written order that modifies the first order, that original order is what rules the contact with the petitioner. For more information on changing and violating Maryland peace order, contact a skilled lawyer immediately.
How Restraining Orders Impact Criminal Case
The restraining order could potentially impact the criminal case if, in the course of a hearing for the peace order, the respondent makes statements that can be used against them and can be detrimental in the criminal case. Most people do not want to have a peace order lodged against them. That is understandable because it can be a nuisance and embarrassing. However, that is nothing compared to having a criminal conviction.
It makes no sense to jeopardize the outcome of the criminal case by fighting a peace order. That can be losing battle. If fighting the peace order requires the person to take the stand and testify, a lawyer will advise the person to not make any statements on the record. The prosecution can get a transcript of any statements the person makes and could turn around and use them against the respondent at their criminal case. That can be the worst consequence of making statements at the peace order. Changing and violating Maryland peace orders can be confusing, but a qualified attorney is here to help.