Protective Order Lawyer in Rockville, MD
Fait & DiLima, LLP helps clients place protective orders to prevent domestic violence and abuse.
Protective Order Lawyer in Rockville, MD
A home is a refuge. It should be a safe space for any person. Whether you are a man, woman, or child, the home offers you a place where you know you are protected. However, there are instances when peace and order inside your house are shattered.
The purpose of a protective order is to give you peace of mind against a spouse or relative threatening your home.
If you need help with a protective or peace order, turn to the Fait & DiLima, LLP team. Schedule a consultation with our Rockville protective order lawyer to understand your legal options.
Understanding Protective Orders
If you find yourself in a violent situation at home, you must take action to protect yourself and your family. The state offers two types of orders:
- A peace order is designed to protect against another person not living in the same house as the victim. Any abuse from a stranger, neighbor, or acquaintance falls into this category.
- A protective order is designed for violence committed by someone in the same home as the victim. That could be your spouse, a person with whom you have a common child or someone you have lived with in the past 90 days.
Process To Get A Protective Order
Maryland offers three types of protective orders:
- Interim protective order
- Temporary protective order
- Final protective order
You can obtain an interim protective order from a court commissioner in any county within the state. It is possible to get one without the other party or abuser knowing about it or even a lawyer present. You will then get a hearing for a temporary protective order within 48 hours.
Another hearing will be set if you get a temporary protective order. That will be for the final protective order. During this time, the alleged abuser has the opportunity to supply their defense. The protective order is valid for up to a year and can be renewed if granted.
The judge can impose different orders if the abuse is proven. These include ordering the abuser to keep away from the victim, granting child custody to the victim, and ordering the abuser to make payments.
Penalties For Violating A Protective Order In Maryland
The penalties for violating a protective order depend if there are aggravating factors. An abuser can break the order while committing another crime against you. The new crime is considered an aggravating factor.
If there’s a violation of a protective order, the judge can impose jail time of up to 90 days for the first offense. The penalty will increase for succeeding offenses. A phone call or text message can violate a protective order for no contact.
If the judge finds a crime committed when the order was violated, like assault, the penalty imposed would be based on the aggravating factor. Penalties for such crimes are typically higher than 90 days of imprisonment.
What Can A Protective Order Do In A Divorce?
A protective order, often referred to as a restraining order or an order of protection, serves a crucial role in divorce proceedings where there are concerns about safety, harassment, or domestic violence. This legal document is issued by a court to protect individuals from harm or harassment by another party, typically a spouse or partner.
If you’re going through a contentious divorce or separation from your partner, or you otherwise feel unsafe, a Frederick, MD, protective orders lawyer from Fait & DiLima, LLP, can help you obtain the right form of legal protection from your ex. Here’s what you need to know about protective orders in the context of divorce:
Purpose And Benefits Of Maryland Protective Orders
The primary purpose of a protective order in the context of divorce is to ensure the safety and protection of individuals who may be at risk of harm or harassment from their spouse or partner. Key benefits include:
Safety Assurance: It provides a legal mechanism to enforce boundaries and prevent further harm or intimidation.
Legal Recourse: Violating a protective order is a serious offense, which can result in legal consequences such as fines or imprisonment, thereby deterring potential abusers from continuing abusive behavior.
Peace of Mind: For the protected individual, having a protective order in place can provide peace of mind and a sense of security during a tumultuous time.
Obtaining A Protective Order
To obtain a protective order, an individual typically needs to file a petition with the court outlining the reasons for seeking protection and providing evidence of the alleged abuse or harassment. Your Frederick protective orders lawyer can draft your petition and advise you of what kind of supporting evidence the court requires. The court will then review the petition and may conduct a hearing where both parties have the opportunity to present their case.
Role In Divorce Proceedings
In divorce cases, a protective order can influence various aspects of the legal process:
Temporary Orders: A protective order may be issued on a temporary basis until a final divorce decree is granted, establishing immediate protections for the duration of the divorce proceedings.
Child Custody and Visitation: It can impact decisions related to child custody and visitation arrangements, ensuring the safety of the children involved.
Property and Asset Division: In some cases, protective orders may also influence decisions related to property and asset division if safety concerns affect living arrangements or financial matters.
Legal Assistance With Getting A Protective Order In Maryland
Obtaining and enforcing a protective order during divorce proceedings often requires the insight and assistance of an experienced Frederick protective orders lawyer. A knowledgeable attorney can guide individuals through the process, advocate for their rights in court, and ensure that the protective order provides adequate protection based on the specific circumstances of the case.
If you are considering filing for a protective order or need assistance with a protective order in the context of divorce, Fait & DiLima, LLP is here to help. Our dedicated team of family law attorneys understands the sensitive nature of these cases and is committed to protecting your rights and ensuring your safety throughout the legal process. Contact us today to schedule a consultation and learn more about how we can assist you.
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.
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Practice Areas
- Alimony
- Alternatives To Litigation
- Child Support
- Divorce
- Domestic Voilence
- Enforcement & Post-Divorce Actions
- Hidden Assets
- High- Asset Divorce
- Marital Property Distribution
- Prenuptial & Postnuptial Agreements
- Protective Orders & Domestic Voilence
Why Choose Fait & Dilima, LLp?
- Decades of Experience – Established in 1979, the firm has over 30 years of experience helping the people of Maryland with family law issues.
- Dedicated Team – Our team focuses on your best interest by giving a personalized approach to your situation. Together, we will work towards your goal.
- Understanding and Empathic – Having handled many family law and divorce cases, our lawyers are empathic and understand your situation well. We know what you are going through and will guide you through the legal process.
Protect Your Family
Do not take risks when it comes to domestic violence and abuse. If this happens to you once, there is a chance of a repeat occurrence. A protective order is there to prevent further escalation of violence and abuse.
Protect yourself and your family by getting a protective order from someone you fear. If you need help, contact our Rockville protective order lawyer.
Protective Order Lawyer In Maryland
Fait & DiLima, LLP, has lawyers experienced in processing protective orders in Maryland. We know that this is an emotional and difficult time in your life. We are here to cover the technical aspects of the case.
What we will do is talk to you and find the facts. Those are used to create a case against your alleged abuser in getting a final protective order. We can also assist you in renewing the order every year.
If you need a protective order from someone committing violence against you, do not hesitate to contact our Rockville protective order lawyer. We are here to assist you.
Why Choose Us
- Dorothy R. Fait & Marjorie G. DiLima are Published Authors of Divorce In Maryland: The Legal Process, Your Rights, and What to Expect (2017)
- Evening & Weekend Appointments By Request
- Skilled Protective Order Representation
- A Personalized & Targeted Approach
- 100 Years of Combined Legal Experience
- Esteemed Awards & Recognitions
- Top Litigators & Negotiators
Responsive & Accessible
When divorce and other family law issues must be resolved, there are no substitutes for an attorney’s experience and dedication to client satisfaction. The Frederick and Rockville divorce lawyers of Fait & DiLima, LLP have more than 100 years of combined experience and an unmatched commitment to help individuals and families navigate challenging times.
Contact the Rockville and Frederick family law attorneys of Fait & DiLima, LLP today to schedule a consultation and discuss your legal needs. Fill out the contact form or give us a call. We have offices in Rockville and Frederick; both are conveniently located near the courthouses.
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