Issuing an Ocean City Protective Order
In cases involving domestic violence, protective orders can be a great way of protecting the rights and safety of both parties. However, the process of issuing an Ocean City protective order is not always straightforward. A skilled protective order attorney could be an invaluable asset during this process. If you are the subject of a protective order, a lawyer could help ensure that you follow the conditions of the order, and could work tirelessly to protect your rights.
When Would a Judge Grant a Protective Order?
Judges err on the side of caution and are relatively quick to grant protective orders to people who request them. That makes a lot of sense because no one wants to be the judge that did not grant an order and then subsequently the person was victimized or suffered harm. Typically a judge is going to grant a protective order if the moving party establishes that they were either assaulted or that they were placed in fear that they were about to be assaulted and without the order, the person could be at risk of that happening again. As long as those two factors are proven, most judges are going to grant a protective order without requiring much more.
The Burden of Proof When Issuing Protective Orders
It is also important to know that in every matter that comes before the court, there is a burden of proof that has to be met. For example, in criminal law it is beyond a reasonable doubt and that is one of the highest standards as far as the burden of proof. The burden of proof is low for protective orders, so issuing an Ocean City protective order is much easier.
Constitutional good cause is one way of saying that a low burden of proof that is required to get a protective order. Maryland does not use the phrase good cause. There was a time when the burden of proof to get a protective order was high and that changed probably within the past three or four years, maybe even older than that.
Maryland law does not have restraining orders instead, they have peace orders. A peace order is different from the protective order because peace orders are what people get if they want to prevent someone from having contact with them. . Peace orders do not just apply to family members; they could be used for current partners, ex-partners, or people who worked together but have some sort of conflict that goes beyond typical workplace issues. A person does not have to establish any particular relationship to the respondent to get a peace order. Also, peace orders do not last as long and are usually limited to no contact, do not call, or do not email this person through a third party. In general, issuing an Ocean City protective order is quite different from issuing a peace order, because it has many more elements
Protective Order Process
In Maryland, the process of issuing an Ocean City protective order could happen in a couple of different ways. They could be issued by a District Court Commissioner or they could be issued by a judge. Under Maryland law, a person could get a protective order at any time of night or day. The court does not have to be open or in session for a petitioner to get a protective order. Whether they go to a Commissioner or whether they wait and go in front of the judge, the first order that they get is temporary. It only lasts for seven days. There has to be another hearing held within that timeframe.
It is unusual for the court to grant any type of order without both sides having an opportunity to be heard. That is why that first order, the ex-parte order, is short. There is an opportunity to have what is called the final protective order hearing, which is when both sides would be present and they could call witnesses or present evidence. It is a much more in-depth hearing where both parties participate. If an individual wants to know more about protective orders, they should consult a knowledgeable protective order attorney that could help.