For survivors of domestic violence, a protective order can be a vital tool for securing immediate relief from abuse. While these orders are typically time-limited, they can be crucial for immediate protection, as well as impact related legal matters, such as custody and divorce proceedings. A litigation attorney can help a survivor navigate the legal process of obtaining a protective order in Maryland and ensure the final order is customized to help secure long-term safety.

Key Takeaways

• A protective order in Maryland is a vital legal tool that can provide a domestic violence survivor with immediate relief from abuse.
• A protective order can include a wide range of provisions to secure a survivor’s safety, including “no contact” rules, firearm surrender, a vacate order, and temporary child custody.
• The requirements and procedures for obtaining a protective order can be complex. A litigation attorney can help guide a survivor through the legal process and ensure the final order is both comprehensive and customized.

What is a Protective Order?

A protective order in Maryland is a court order that can be granted in situations where an individual has been abused, threatened with abuse, or stalked by an intimate partner or family member. A temporary order can be issued immediately by a judge without the respondent present to ensure a victim’s safety. This order is time-limited (now 7 days, soon to change to 14) until a hearing is scheduled where both parties can testify, present evidence, and call upon witnesses. The court will then determine whether to issue a final protective order which can last up to one year.

The requirements set forth in a protective order in Maryland can include:

• No contact: The respondent may be ordered to stay away from the petitioner’s home, school, or place of work. They may also be prohibited from contacting them in person, by phone, via email or text, or through a third-party.
• Vacate residence: A protective order may require the respondent to vacate a shared residence.
• Firearm surrender: The respondent may be required to surrender any firearms in their possession immediately to law enforcement.
• Temporary custody: The court may grant temporary sole custody of children or pets to the petitioner. The court may deny visitation to the respondent if the children’s welfare would be in jeopardy.
• Temporary emergency family maintenance: In cases where the petitioner and respondent were married, a protective order can include temporary financial support for the petitioner and any minor children to ensure financial stability.
• Mandatory counseling: The court may require the respondent to attend a domestic violence counseling program.

Critically, a protective order in Maryland can offer much more than a temporary solution. They are powerful legal tools that can also impact related divorce and custody proceedings.

How Can a Litigation Attorney Assist You with Obtaining a Protective Order

Getting a protective order in Maryland can be a complex and emotionally overwhelming process. A litigation attorney will understand the legal procedures and evidence necessary to procure a protective order. They will know how to file the petition, prepare for the hearing, and effectively present the case in court to ensure the necessary relief is obtained. Having the guidance of counsel who knows the intricacies of courtroom decorum and evidence rules can be crucial to prevent pitfalls, delays, and complications in securing immediate safety.

An attorney can also help ensure a fair playing field when there are unequal power dynamics between the parties, or the abuser has their own legal representation. An attorney can protect a survivor from aggressive or confusing cross-examination by the abuser or their counsel and challenge the abuser’s testimony. A skilled attorney can also make certain that the protective order is customized, comprehensive, and includes all provisions relevant to the situation.

The Role of a Protective Order in Divorce Proceedings

Due to the power imbalance that is often inherent between the parties when domestic violence is at issue, negotiation is typically not feasible. Accordingly, litigation is usually the likely - and sometimes only - option in any related divorce or child custody matters after a protective order has been obtained. Not only can a protective order in Maryland provide immediate relief, but introducing evidence of domestic violence early on can make it more challenging for the abusive party to dispute these claims in later related proceedings.

The emergency measures of an order of protection often become the framework for separation as divorce proceedings are ongoing. In addition to removing an abusive spouse from the home to provide immediate protection, a protective order can be a factor the court considers in final determinations regarding custody and the division of marital property, along with other factors. Notably, a protective order can be used as a clear, enforceable set of rules as the divorce case unfolds. Any violation of the order by the abusive spouse can constitute contempt of court or result in criminal charges, which can further fortify the survivor’s case.

Contact an Experienced Maryland Domestic Violence Attorney

If you are a survivor of domestic violence, it’s important to get the immediate relief you need from abuse. Contact Lindsay Parvis today to schedule an appointment to discuss your legal options and take the first step towards securing your safety.