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If you are seeking a protective order, there are a number of steps you must take first. Your petition must be under oath and it should include a history of the abuse, pending or previous actions, the location of your abuser, your financial resources, your abuser’s financial resources, and the location of any children who are also involved in the case.
Your petition can be filed in the Circuit Court or District Court. It would need to be filed with the Court Commissioner if the clerk’s office is closed.
Different Types of Protective Orders in Maryland
There are three main types of protective orders available in Maryland, which you should learn about.
- Interim Protective Order: You may receive this type of protective order if you can prove you are being abused. If granted an interim protective order, your abuser may be ordered to put a stop to further threats of abuse or abuse, no longer contact you, vacate a home you may share, stay away from your place of work or school or residence, and refrain from reaching out to your family. Custody is also frequently awarded. This type of protective order is only granted by a commissioner when courts are closed, and can only last for a very short period of time, likely until the next business day that courts are open.
- Temporary Protective Order: A temporary protective order typically only lasts a maximum of 7 days. During this time, your abuser cannot contact you, threaten you, enter your place of work or school, and must vacate the residence you share. You may also be awarded temporary custody of your minor children, as well of other remedies. This is usually a hearing that does not involve your abuser.
- Final Protective Order: A final protective order provides much of the same protections listed above. However, this protective order can last up to a year. During your hearing, there will be a higher level of proof required and your abuser will be able to come into court to dispute your claims. If you succeed, in addition to the protections listed above, you may also receive other miscellaneous relief, including temporary possession of a jointly owned vehicle, emergency family maintenance, and counseling. This can be extended or even be permanent, in some circumstances.
Speak to a Compassionate Legal Professional About a Protective Order Today!
If you are seeking a protective order, the skilled legal team at Matthew Penick Law can provide the knowledgeable and experienced guidance you need to obtain the results you need to keep you safe.
Reach out to our law office today at (410) 618-0863 to request a free case evaluation with our compassionate family law attorney to get started.