Protective Order Lawyer in Rockville, MD

Maryland’s Three Types Of Protective Orders

In Maryland, protective orders play a critical role in ensuring the safety and well-being of individuals who are at risk of harm from others, particularly in the context of family law and domestic situations. If you’re worried about your or your child’s safety in a divorce or separation from the child’s other parent (or another close family member or associate), talk to a Rockville, MD, protective orders lawyer about your options.

There are three main types of protective orders available under Maryland law, each serving specific purposes and providing varying levels of protection. The legal team at Fait & DiLima, LLP, can help you obtain the right level of protection:

Peace Orders

Peace Orders in Maryland are designed to protect individuals from anyone who is not a family or household member and who commits certain acts that threaten harm, harassment, or malicious conduct. This may include a new relationship partner of your child’s other parent, or friends of the other parent. Key features of Peace Orders include:

• Applicable Acts: Peace Orders can be sought for threats of violence, actual violence, harassment, stalking, trespassing, and malicious destruction of property.

• Eligibility: Any individual who is a victim of the above behaviors by someone who is not a family or household member may file for a Peace Order.

• Court Process: The petitioner must file a petition with the District Court, describing the incidents and providing any supporting evidence. A temporary order may be issued initially, followed by a final hearing where both parties can present their case.

• Duration: A Peace Order can be valid for up to 6 months, with potential extensions if the threat continues.

Protective Orders

Protective Orders in Maryland are similar to Peace Orders but specifically focus on providing protection to victims of domestic violence or abuse by family or household members. Key features of Protective Orders include:

• Applicable Acts: Protective Orders cover acts of abuse, which include assault, battery, rape, stalking, harassment, and other behaviors that cause serious harm or place the victim in fear of imminent serious harm.

• Eligibility: Victims who have experienced abuse from a current or former spouse, intimate partner, cohabitant, or family member can seek a Protective Order.

• Court Process: The process involves filing a petition in District Court, where a judge can issue a temporary Protective Order. A final hearing allows both parties to present evidence and arguments before a judge decides whether to grant a longer-term Protective Order.

• Duration: Protective Orders can last up to 1 year, with the possibility of renewal if the court determines ongoing protection is necessary.

Final Protective Orders

Final Protective Orders are similar to regular Protective Orders but are issued by a judge in the Circuit Court after a full hearing in which both parties have presented evidence and testimony. They can be valid for up to 2 years, with the option for further extensions if continued protection is warranted. Violating any terms of a Final Protective Order is a criminal offense, which can result in fines, imprisonment, or other penalties.

Legal Assistance And Support

If you are considering seeking a protective order in Maryland or need assistance with any family law matter, Fait & DiLima, LLP is here to help. A dedicated Rockville protective orders lawyer can provide the legal support you need. Contact us today to schedule a consultation and learn more about how we can protect your rights and safety through the legal process.

How To Prepare For Filing A Protective Order

1. What Are The Steps For Obtaining A Protective Order?

When speaking with your Rockville protective orders lawyer, it’s important to understand the process involved in obtaining a protective order. Ask about the steps you’ll need to take, from filing the initial petition to attending a court hearing. This will give you a clear idea of what to expect and help you prepare for each stage of the process. Understanding the timeline and necessary documentation can make a significant difference in how smoothly the process unfolds.

2. What Evidence Will I Need To Present?

Evidence is crucial in securing a protective order, so it’s important to ask your lawyer what types of evidence will be most effective in supporting your case. This could include text messages, emails, witness statements, or medical records that document any harm or threats you’ve experienced. A Rockville protective orders lawyer can guide you on how to gather and organize this evidence to present the strongest case possible in court. The more prepared you are with the right evidence, the better your chances of obtaining the protective order you need.

3. How Will The Protective Order Affect My Day-to-Day Life?

Understanding the implications of a protective order is essential. Ask your lawyer how the protective order will impact your daily life, including your interactions with the other party, your living arrangements, and any restrictions that may be placed on both parties. Your lawyer can explain how the order will be enforced and what you should do if the order is violated. This will help you feel more secure and informed about the protective measures in place.

4. What Should I Do If The Protective Order Is Violated?

It’s important to know what steps to take if the protective order is violated. Ask your lawyer about the legal recourse available to you and the procedures you should follow in such a situation. This might include contacting law enforcement, documenting the violation, and possibly returning to court. Your lawyer can provide you with specific instructions on how to respond to a violation, ensuring that you’re prepared to act quickly and effectively if necessary.

5. Can The Protective Order Be Modified Or Extended?

Protective orders can sometimes be modified or extended depending on the circumstances. Ask your lawyer about the possibility of making changes to the order if your situation evolves. Whether you need additional protections or an extension of the order’s duration, it’s important to know how to request these modifications. A lawyer can advise you on the best course of action and help you file the necessary paperwork to adjust the order as needed.

Moving Forward With Confidence

Choosing the right Rockville protective orders lawyer is crucial to securing the protection you need. Fait & DiLima, LLP is here to assist you every step of the way. If you’re in the city of Rockville, MD, and need legal guidance for a protective order, contact us today to schedule a consultation. We’re committed to helping you understand your rights and ensuring that you receive the protection you deserve.

What Evidence Do I Need To Get A Protective Order?

At Fait & DiLima, LLP, we often receive questions from clients about what’s required to obtain a protective order. Gathering the right evidence can make a significant difference in your case. Protective orders are legal tools designed to keep individuals safe, but the court needs clear information to justify issuing one. Below, we address five common questions to help you better understand the evidence you’ll need to move forward with your request.

What Types Of Documents Can Be Used As Evidence? 

When seeking a protective order, it’s important to gather as much relevant documentation as possible. This may include medical records, police reports, or photographs of injuries that show evidence of abuse or threats. Text messages, emails, or social media posts that contain threats or harassment can also be crucial pieces of evidence. Any official report that outlines incidents of violence or abuse strengthens your case, so it’s essential to provide these documents to your lawyer to support your request. In Rockville, protective orders lawyers will assist in organizing and presenting these materials clearly to the court.

Can Witness Testimony Help My Case? 

Yes, witness testimony is often valuable when seeking a protective order. If someone witnessed abusive behavior or threats, their statements can support your claims. A third party who can provide details about the incidents adds credibility to your request. The witness does not necessarily need to testify in person; they may provide a written statement that can be submitted as part of the evidence. If you have friends, neighbors, or colleagues who have observed concerning behavior, we recommend discussing these witnesses with your Rockville protective orders lawyer to see how their testimony can be included.

How Important Are Past Incidents?

Past incidents of abuse or threats are highly relevant when seeking a protective order. Even if you are requesting protection based on a recent event, a history of prior behavior will show a pattern that the court will consider. Keep a record of previous incidents, including the dates, times, and details of what occurred. If police were called in the past or you have records from previous legal actions, these should also be submitted. Your Rockville protective orders lawyer can help you present this history effectively.

Can Digital Communications Be Submitted As Evidence? 

Absolutely, digital communications such as emails, text messages, and social media posts can be crucial evidence in obtaining a protective order. If the person you’re seeking protection from has sent threatening or harassing messages, these should be included in your evidence. Make sure to save copies of any digital communications, including screenshots of text messages or social media posts, and provide them to your lawyer. This type of evidence is often compelling and can clearly demonstrate the need for a protective order.

What If I Don’t Have Physical Evidence? 

Even if you don’t have physical evidence such as documents or photos, you may still be able to obtain a protective order. Your own testimony, combined with witness statements or any available police reports, can still be enough to convince the court that protection is necessary. It’s important to work with your Rockville protective orders lawyer to clearly and consistently explain the circumstances surrounding your request. In Rockville, protective orders lawyers can help you build a strong case even when physical evidence is limited.