What is a Protective Order?

A protective order is a civil order issued by a judge that compels a person to stop committing certain acts against another person. The person who is seeking the protective order is the petitioner and the respondent is the person who is being accused of having committed the acts which the petitioner would like to stop.

Protective orders apply to a person who:

• Is the current or former spouse of the respondent.
• Has had a sexual relationship with the respondent in the home for a period of at least 90 days within the last year.
• Is related to the person by blood, marriage or adoption.
• Is the parent, stepparent, child or step child of the respondent, and has resided with the respondent for 90 days during the past year.
• Has children in common with the respondent.
• Has had a sexual relationship with the respondent within one year before filing the petition.

Maryland also offers peace orders, which apply to outside parties who do not fit the criteria listed above.

What do you have to prove to the court to obtain a protective order?

The petitioner would have to prove that one of the following acts occurred:

• An act that caused serious bodily harm
• An act that placed the petitioner in fear of imminent bodily harm
• Assault in any degree
• Rape or sexual offense
• Attempted rape or sexual offense
• False imprisonment
• Criminal stalking

A protective order is supposed to provide protection for the petitioner and any other individuals named in the order. These orders can apply to threats, as well as physical acts of abuse or harm. They are designed to ensure that the abuser is kept physically away from your home, school or place of employment, and put an end to contact through social media accounts, text messages, phone calls, or other non-physical means.

The process of securing an order

Your Rockville divorce attorney can file a petition for a protective or peace order for you, or you may file it in District Court. You will appear for a temporary hearing where you will answer questions under oath. The order goes into effect once the respondent has been served, and it will generally last for seven days unless the judge extends it. After seven days you will appear for a final hearing where both parties will present evidence. A final protective order may be granted for one year, two years or permanently.

If the respondent violated the protective order they can be held in contempt, be arrested and face criminal prosecution which can include prison or fines. (Maryland Courts)

You have the right to feel safe in your own home, at school and at work. If someone who is close to you threatens you or makes you feel afraid for your safety or the safety of your child, a protective order or peace order may be necessary. At McCabe Russell, PA, our Rockville attorneys are here to help families throughout Montgomery County. Please call 443-812-1435 or fill out our contact form to schedule an appointment. We also maintain offices in Bethesda, Fulton and Columbia.