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Rockville Protective Order Lawyer


At Fait & DiLima Family Law, we help people across Rockville and Montgomery County obtain protective orders that safeguard their families.

If you are facing threats or abuse from a spouse, partner, or family member, a protective order can create legal distance between you and the person causing harm. Our Rockville, MD protective orders lawyer at Fait & DiLima Family Law helps petitioners seek the fullest protection Maryland law allows. Marjorie G. DiLima has practiced family law in Montgomery County for more than three decades and has stood beside clients in protective order hearings. Acting quickly matters, and the right guidance can make the process clearer. Contact our office to discuss your situation.

Protective Orders Lawyer Rockville, MD

A protective order is a civil court order that requires one person to stop abusing, contacting, or going near another. In Maryland, it is the equivalent of what many people call a restraining order, and it can do more than order no contact. A protective order can remove an abuser from a shared home, grant temporary custody of children, and require financial support. A protective order is a civil matter, separate from any criminal case. Filing does not require you to press criminal charges, and there is no fee to petition for protection.

Protective orders are available to people in a domestic or family relationship with the abuser. When the people involved are not in such a relationship, Maryland offers a peace order instead, which covers neighbors, coworkers, and acquaintances. Our protective order practice helps clients determine which order fits their circumstances and then pursue it. Both are civil orders, and either one can be sought whether or not the police are involved.

Types of Protective Order Matters We Handle in Rockville

Protective order cases arise from many situations, and recognizing the signs of abuse is often the first step. The relief a court can grant is broad. We assist petitioners across the District with matters like these.

  • Divorce. Physical harm, threats of harm, or assault by a current or former husband or wife is among the most common grounds for a protective order. We help spouses seek protection and, when needed, connect it to a pending divorce.
  • Domestic violence. People who live together in an intimate relationship qualify for protection even without marriage. The same is true for someone you have dated or with whom you share a child. Many of these matters overlap with broader domestic violence claims we handle.
  • Family and household abuse. Parents, children, and relatives who share a home can seek protection from an abusive family member. This includes protection for children and vulnerable adults living in the household.
  • Emergency removal from the home. When you and the abuser live together, a judge can order that person to leave and grant you temporary use of the residence. This relief is often critical to immediate safety.
  • Child custody. A protective order can award the protected parent temporary legal and physical custody, keeping children with the safer parent while the order is in effect. This custody is tied to the order and does not decide the matter permanently. Lasting arrangements are handled in a separate child custody case under Maryland’s best interests standard, which weighs each parent’s ability to provide a safe and stable home.
  • Child support. A protective order can direct the abuser to pay emergency family maintenance, a short-term form of spousal support, and can address child support for children in your care while the order is in place.
  • Visitation. An order can bar the abuser from your home, work, and school, and it can limit or supervise time with the children. When safety is at stake, these terms often work alongside a longer visitation plan.
  • Enforcing a violated order. A protective order carries real consequences. When an abuser violates one, we pursue enforcement through the court, including contempt proceedings. Violating a protective order is a crime in Maryland and can lead to arrest, fines, or jail, which gives the order real force.

Why Choose Fait & DiLima Family Law as Your Protective Orders Lawyer in Rockville, MD?

Steady Advocacy When Safety Is at Stake

Marjorie G. DiLima, Managing Partner of Fait & DiLima Family Law, has more than thirty years of Maryland family law experience and has represented clients in contested hearings where the outcome shaped their safety. She has particular experience with high-conflict cases involving controlling behavior, substance abuse, and other factors that raise the risk of harm. Because she also serves as a Best Interest Attorney for children, she understands how courts weigh a child’s safety when abuse is alleged. Our firm handles related domestic violence cases and other family matters as well, so a single order can be coordinated with the larger case.

A Recognized Family Law Practice

The firm’s work has drawn positive testimonials and recognition from peers and national publications. Super Lawyers has named Marjorie for ten consecutive years, and Best Lawyers and U.S. News & World Report have honored her work and the firm. She holds a lifetime position with the American Inns of Court, an organization devoted to professionalism in the practice of law.

What Is Important to Understand About Protective Orders in Maryland?

What Maryland Law Requires for a Protective Order

Maryland’s protective order law appears in the Family Law Article of the state code. To qualify, you must have a specific relationship with the abuser and must show that abuse occurred. Abuse includes an act that causes serious bodily harm, an act that places you in fear of imminent serious harm, assault, a sexual offense, false imprisonment, and stalking. People eligible for a protective order include:

  • Current and former spouses
  • People who live together, or have lived together, in an intimate relationship
  • Relatives by blood, marriage, or adoption
  • Parents, children, and stepchildren who have shared a home
  • A person with whom you have a child

At a final hearing, you must prove the abuse by a preponderance of the evidence, which means showing that it is more likely than not that the abuse happened. That standard is lower than the one used in criminal court, but it still requires real proof. Because the other person has the right to appear and respond, preparing clear, organized evidence and understanding how abuse is defined, is one of the most important things you can do. If the judge is satisfied, they permit a final protective order that can last up to one year, and longer in certain repeat cases.

The Three Types of Protective Orders

Maryland provides protection in stages, so help is available at any hour of the day. Each stage builds toward a full hearing, and protection can begin the same day you file.

  • An interim protective order is issued by a District Court commissioner when the courts are closed. It lasts until the court can hold a hearing, usually about two days.
  • A temporary protective order is issued by a judge after a brief hearing and generally lasts seven days, which allows time to serve the other party.
  • A final protective order follows a full hearing where both sides may appear and present evidence. It provides the longest-lasting protection and the broadest relief.

What Relief Can a Protective Order Provide?

A protective order can do more than require no contact. The court creates the order based on the danger and can combine several of the following. Depending on the facts, a judge may:

  • Order the abuser to stop the abuse and stay away from your home, work, or school
  • Order the abuser to leave a shared home and grant you its use and possession
  • Grant you temporary custody of your children and set emergency financial support
  • Order the surrender of any firearms
  • Require counseling or any other step the court finds necessary to protect you

Because a court enters the order, law enforcement can act on it if the other person does not comply.

What Should You Bring to Your Consultation?

Evidence makes the difference in a protective order case, so bring whatever documents relate to the abuse in your situation. Helpful items include:

  • Photos of any injuries or property damage
  • Text messages, emails, or voicemails showing threats or harassment
  • Police reports or medical records connected to the abuse
  • The names of anyone who witnessed what happened
  • Copies of any existing court orders between you and the other person

If you are seeking support, bring recent pay information and a list of household expenses. We will review what you have, explain the process ahead, and help you prepare for the hearing. We can also discuss steps to keep your address and contact information private if that is a concern.

Maryland Legal Resources for Protective Orders

The resources below explain how protective orders work in Maryland and where to find help. They are provided for general information only, and Fait & DiLima Family Law does not endorse or control outside organizations.

  • The Maryland Courts self-help pages explain who qualifies for a protective order, how to file, and what to expect at each hearing. They also link the official petition forms and explain how to keep your address private.
  • The Maryland Network Against Domestic Violence, a statewide coalition of victim service providers, offers information and referrals for people affected by abuse.
  • Protective order petitions are filed in the District Court or Circuit Court; in Montgomery County, both sit in Rockville.
  • The full domestic violence law appears in the Family Law Article, Title 4, Subtitle 5 of the Maryland Code.

Reach Out to Fait & DiLima Family Law to Schedule a Consultation

Safety cannot wait, and you do not have to navigate the court process alone. Our attorneys will explain your options under Maryland law, help you gather what a judge needs to see, and stand with you at every hearing. We answer questions promptly and can meet at our Rockville office to talk through the safest path forward. Contact us today to reserve your consultation.

Protective Order Statistics in Rockville

Domestic violence is common, and the data makes that clear. According to the CDC data, more than 1 in 3 women and more than 1 in 6 men in the United States experience physical violence, sexual violence, or stalking by an intimate partner during their lifetimes. The same research finds that about 1 in 5 homicide victims are killed by an intimate partner.

Maryland is not exempt. The state’s Family Violence Council, part of the Governor’s Office of Crime Prevention and Policy, studies family violence across Maryland and recommends ways to reduce it. Protective and peace orders are filed in Maryland courts throughout the year, and Montgomery County petitions are heard in the District and Circuit Courts here in Rockville. Behind each of those filings is a person seeking safety.

What Steps Should I Take After Experiencing Domestic Violence?

Leaving an abusive situation is rarely simple, and the right steps depend on your circumstances. The list below is a general guide to protecting yourself and building a strong case. If you are in immediate danger, call 911 first.

  1. Get to a safe place. Your safety comes before anything else. If you can, go to a location the abuser cannot access, whether that is a friend’s home, a relative’s house, or a shelter. Bring your children and any essential documents if it is safe to do so.
  2. Seek medical care. If you have been hurt, see a doctor. Beyond your health, medical records create a dated, professional account of your injuries that can support a protective order later.
  3. Document what happened. Save threatening messages, photograph injuries and property damage, and write down dates and details while they are fresh. Specific, organized records carry weight in court.
  4. File a petition for protection. You can file at the District Court or Circuit Court during business hours, or with a District Court commissioner when the courts are closed. The petition asks you to describe the abuse and the relationship.
  5. Attend the temporary hearing. A judge reviews your petition and can issue a temporary order that takes effect right away. This order gives you protection while the final hearing is scheduled.
  6. Prepare for the final hearing. This is where the lasting order is decided. Gather evidence, list witnesses, and be ready to explain what happened clearly and calmly.
  7. Keep the order with you. Once granted, carry a copy of the order and give one to your workplace, your children’s school, and anyone else who may need it.
  8. Report any violation. If the abuser contacts you or comes near you in violation of the order, call the police. A violation is a crime and can lead to arrest.
  9. Address related family issues. Abuse often touches custody, support, and divorce. Handling these together helps protect both your safety and your long-term stability.
  10. Ask for help. Advocates, counselors, and an attorney can guide you through each step so you do not have to face the process alone.

Rockville Protective Orders Infographic

Benefits Of Hiring A Family Lawyer During A Divorce Infographic

Rockville Protective Orders Lawyer FAQs

How much does it cost to file for a protective order in Maryland?

There is no filing fee to petition for a protective order in Maryland. The court does not charge you to seek protection from abuse. If a final order is granted, the judge can order the other party to pay certain costs. Attorney fees are a separate matter, and we discuss them clearly during your first meeting so you understand what representation involves before you decide how to proceed.

Do I need a lawyer to get a protective order?

No. You can file and appear on your own, and court staff and advocates can help with the forms. That said, the final hearing is a contested proceeding where the other side may appear with counsel. Having an attorney means someone prepares your evidence, questions witnesses, and presents your case under the correct legal standard, which can matter a great deal when your safety is on the line.

How long does a protective order last in Maryland?

It depends on the stage. An interim order lasts about two days, until a judge can hold a hearing. A temporary order generally lasts seven days, long enough to serve the other party. A final protective order can last up to one year. In certain repeat situations, it can extend to two years, and in limited cases, a court may enter a permanent order. Orders can also be extended for good cause.

Can a protective order include child custody?

Yes. A judge can award the protected parent temporary custody of the children as part of the order and can limit or supervise the other parent’s time when safety requires it. This custody lasts only as long as the order. A lasting arrangement is decided in a separate custody case, which may proceed alongside a divorce, including a complex or high net worth divorce when significant assets are involved.

What happens if the abuser violates the order?

Violating a protective order is a crime in Maryland. If the other person contacts you, comes near you, or ignores any term of the order, call the police. Law enforcement can arrest someone who violates an order, and a first offense can bring jail time and a fine. You can also ask the court to hold the violator in contempt. We help clients pursue both paths when an order is disobeyed.

Can I get a protective order without the abuser knowing first?

The early stages happen without the other person present. A commissioner or judge can issue an interim or temporary order based on your petition alone, before the abuser is notified. The abuser is then served and given a date for the final hearing, where both sides can appear. This structure is designed to give you protection first and a full hearing second.

What is the difference between a protective order and a peace order?

The difference is the relationship. Protective orders are for people connected by marriage, an intimate relationship, family, or a shared child. Peace orders cover everyone else, such as neighbors, coworkers, and acquaintances, and are filed in the District Court. The type of abuse and the available protections overlap, but the correct petition depends on who the other person is to you.

Will a protective order affect my divorce or custody case?

Often, yes. A protective order can set temporary custody, support, and use of the home, and a judge in a later divorce or custody case may consider a finding of abuse. Because these matters are connected, our broader family law practice lets us handle the protective order and the surrounding case together, so decisions in one do not undercut the other.

Can I get financial support through a protective order?

Yes. A protective order can direct the abuser to pay emergency family maintenance, a short-term form of support for you and your children, so that leaving does not mean losing the means to get by. The amount is based on your needs and the abuser’s resources. This support is temporary and tied to the order, and it can be addressed alongside longer-term support in a related case.

Local Information for Rockville Protective Order Cases

Montgomery County Family Court and Local Resources

Protective order petitions in Montgomery County are handled at the courts in Rockville. During business hours, you can file at the District Court on East Jefferson Street or the Circuit Court on Maryland Avenue. When the courts are closed, a District Court commissioner can issue an interim order at any hour. The county also operates a Family Justice Center in Rockville that brings advocates, counselors, and legal help together in one place, and clients across the region can meet with us at either of our offices.

Important Local Resources for Rockville Protective Orders

Several Montgomery County offices assist people seeking protection from abuse. The organizations below are provided as a convenience, and Fait & DiLima Family Law does not endorse them.

  • Family Justice Center: 600 Jefferson Plaza, Suite 500, Rockville, MD 20852. Phone: 240-773-0444.
  • Sheriff’s Office: Domestic Violence Section, 600 Jefferson Plaza, Suite 500, Rockville, MD 20852. Phone: 240-777-7016.
  • Family Department: for Montgomery County, 50 Maryland Avenue, Rockville, MD 20850. Phone: 240-777-9400.
  • District Court: for Montgomery County, 191 East Jefferson Street, Rockville, MD 20850. Phone: 301-563-8800.

About Fait & DiLima Family Law

Fait & DiLima Family Law serves clients from offices in Rockville and Frederick and represents families throughout Montgomery County and the surrounding area. Our legal team concentrates on high-conflict and sensitive family matters, from abuse and custody disputes to divorce and prenuptial agreements. Marjorie G. DiLima brings decades of Maryland practice and a record of favorable results in contested cases. She also teaches family law topics to others in the field. That depth lets us guide clients steadily through some of the hardest moments a family can go through.

What Our Clients Say

⭐⭐⭐⭐⭐

“After doing my research, I was very impressed with Dorothy Fait’s background, and I decided she would be a great fit to represent me in a legal matter. I couldn’t be happier. She was extremely responsive, moved quickly when necessary, great at explaining her thought processes to me, struck a nice balance between listening to my requests while guiding me down the best path, and best of all, highly effective. I recommend her with complete confidence.” – Shannon Ginnan 

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Contact Fait & DiLima Family Law

If abuse or the threat of abuse has made you fear for your safety, protection is available, and you do not have to seek it alone. Our attorneys will listen to what you are facing, explain how Maryland’s protective order process applies to your situation, and prepare the strongest petition your facts support. We treat every conversation with discretion. Contact us to schedule a consultation and take the next step toward safety for you and your family.

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Locations

Now proudly serving Washington DC!

Frederick Office
(240) 698-2667
(by appointment only)

233 W Patrick St.
Frederick MD 21701