Maryland Ex Parte Peace Orders
Maryland ex parte peace orders are important to understand. An ex parte order is when one party goes in front of the court, the other party is not present, and the court makes some determination. It is an unusual occurrence because when anything happens in court, both parties are present for the court proceeding. However, much like the protective order, a person can apply for and get a temporary peace order without the respondent being present.
That is why it is sometimes referred to as an ex parte order because the petitioner obtained the peace order and the other side did not know it was happening. They do not find out until they are served with the temporary peace order by a sheriff’s deputy.
The order begins with one party applying for the order. The judge grants a temporary order and the respondent is served with it a day or so later. That is when the respondent becomes aware that there is a peace order in place. If you have more questions about an ex parte peace order, refer to a skilled Maryland attorney.
Under What Circumstances Will the Judge Grant an Ex Parte Order?
The judge can grant an ex parte order temporarily. That is always going to be the ex parte where only the petitioner appears in court. The respondent is not in court for the first part. The ex parte peace order is only valid for seven days after the service of the order. During that time, the other party must be served with a copy of the peace order so they can be made aware that the order is in place against them. The Maryland ex parte order, also referred to as the temporary order, is in place for a short amount of time. Under the statute, there must be a hearing where both parties can be present. The respondent has an opportunity to be heard and contest the peace order to make the petitioner prove that they should get one.
How Long Ex Parte Order Lasts
A Maryland ex parte order should only last seven days. In that amount of time, the respondent should be served with the order. The warrant is served when the court grants the ex parte order. The petitioner gets the court date for the final hearing which is scheduled about seven days from the day the temporary order is issued.
Sometimes the petitioner shows up for the final hearing, but the temporary order was not yet served on the respondent. In those circumstances, the court has the option of postponing the final hearing and ordering so that the temporary order can be served on the respondent.
It can take two or three weeks to get to the final hearing but, usually, the respondent is served quickly. The petitioner can give the court information about where to find the respondent. They may know where the respondent lives, where they work, or where they hang out. In that way, the police are able to locate the respondent and serve them with the paperwork.
Extending Ex Parte Restraining Orders
The temporary restraining order can be extended if the respondent is not yet served. Logistically, it is difficult for the petitioner because they may have to come back to court every seven days to see if the order was served on the respondent. During the initial seven days of the temporary order being in place, the restraining order is served by sheriff’s deputy on the respondent, so the respondent knows the order is in place and knows when they must appear in court.
Impact of Maryland Ex Parte Order on Case
Sometimes a person is charged with assault, harassment, stalking, or something similar and the alleged individual gets a peace order against the respondent. Those two things happen at the same time but they are separate cases. One is the civil case and the other is a criminal case.
It is possible that if the respondent makes statements at the peace order hearing, those statements could be used against them in a criminal case. The fact that there is a peace order in place can actually be a benefit to the respondent because it can be used as a negotiating tool by the attorney to have the prosecutor drop the criminal case. It never hurts to try and use the peace order to the benefit of the individual and see if a person can avoid having to go forward in a criminal case.