DOMESTIC VIOLENCE
AND PROTECTION ORDER
GUIDING YOU THROUGH THE DOMESTIC VIOLENCE AND PROTECTION ORDER
If you are a victim of domestic violence you can seek protection through the Court via a Protective Order 24 hours a day, 7 days a week, even overnight, on weekends, and on holidays. If the Courts are closed, the Commissioner can issue an Interim Protective Order to be in place until the Court’s reopen and can decide whether or not to issue a Temporary Protective Order. If a Temporary Protective Order is granted it will remain in place until the Court can hold a hearing on the Final Protective Order. The Court cannot hold a hearing on the Final Protective Order until the other party has been served. When seeking an Interim Protective Order from the Commissioner, the process usually takes place at the District Court. However, during normal Court business hours, a Temporary Protective Order can be sought from the District Court or the Circuit Court.
helping you in family court
Obtaining a Protective Order in Maryland
Typically, the Court that issued the Temporary Protective Order will hold a Final Protective Order Hearing, where both parties have an opportunity to be heard. Final Protective Order Hearings are usually held approximately one week from the date of the Temporary Protective Order Hearing. However, if the other party has not been served with the Temporary Protective Order, the Court will reschedule the hearing. If the Court determines by a preponderance of the evidence that the alleged abuse occurred, then a Final Protective Order can be entered. Typically a Protective Order is entered for a period of up to one year.
Wrongfully Accused
Unfortunately some individuals may seek Protective Orders under false pretenses as a way to gain leverage in a divorce or child custody matter, or as a way to remove a spouse from a shared home. If you are falsely accused of domestic violence, having competent representation can mean the difference between being vindicated and being wrongfully ordered to leave your home or stay away from your children. At Smollon Law, our attorneys will fight false claims to keep your reputation intact.
Protective Order cases are one of the many cases that are public record in Maryland allowing anyone, including prospective employers to see that some sought to have a Protective Order entered against you. In the event a Final Protective Order is entered against you, in some instances, the Protective Order matter can be shielded, making the general public unable to see it. If you believe that you may be eligible to have a Protective Order shielded please contact SmollonLaw. We may be able to help.
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