Posted in Firm News
Divorce is hard enough. Add threats or violence to the mix, and you’re dealing with something far more serious. If you’re worried about your safety while going through a divorce in Maryland, you need to know what protections the law gives you. Can you get a restraining order during divorce proceedings? Yes.
Types Of Protective Orders In Maryland
Maryland offers several types of protective orders, and they don’t all work the same way. Each one serves a different purpose based on how urgent your situation is.
A temporary protective order is what you file for when there’s immediate danger. You can often get one on the same day you go to court. It stays in effect until a full hearing happens, which is usually within seven days. Then there’s the final protective order. This one requires a hearing where both sides can present evidence and testimony. If the judge grants it, the order lasts up to a year. Sometimes it can be extended if you still need protection. Maryland also has interim protective orders. These fill the gap when you need more time between the temporary order and the full hearing. Think of it as a bridge that keeps you protected while the court schedules everything.
When You Can Request A Protective Order
You don’t have to wait for your divorce to be final. Not even close. Maryland courts understand that separation and divorce can actually make dangerous situations worse. In fact, this is often when things escalate.
Here’s when you can file:
- You’ve been physically abused or assaulted
- Your spouse has threatened violence against you or your kids
- You’re being stalked or harassed
- You’ve experienced sexual assault
- You’ve been held against your will
The abuse needs to be recent. You also have to show the court that you have a reasonable fear for your safety or your children’s safety. A Bethesda High Conflict Divorce Lawyer can help you gather the right evidence and present your case in a way that gets results.
How Protective Orders Affect Your Divorce
Getting a protective order changes things in your divorce case. It really does. The order might give you temporary custody of the kids. It could force your spouse to move out of the house. It establishes no-contact rules that your spouse has to follow. These temporary measures often become permanent. What starts as emergency relief can shape your final divorce settlement, especially when it comes to custody and who stays in the family home.
If your spouse violates the order? That’s a criminal offense. Violations also hurt them in divorce court. Judges remember when someone can’t follow court orders, and that memory influences custody decisions and how property gets divided. Courts take this stuff seriously because it shows whether someone respects the law and prioritizes their children’s safety.
The Process Of Obtaining Protection
You file at the District Court in your county or where the abuse happened. There’s a petition to fill out. You’ll describe what happened and explain why you need protection. A commissioner or judge reviews it, often that same day. Got the temporary order? Good. Now there’s a hearing scheduled within a week. At that hearing, you and your spouse both get to tell your side. You can bring witnesses. You can submit evidence. The judge listens to everything and then decides whether to issue a final protective order. Working with Fait & DiLima, LLP means you don’t walk into that courtroom unprepared. Legal representation helps you understand what evidence matters most. Police reports matter. Medical records matter. Text messages and emails can matter. Your lawyer knows how to present all of this so the judge sees the full picture of what you’re dealing with.
Protective Orders And Child Custody
Kids change everything. When children are involved, protective orders become even more important. The court can write provisions into the order that protect your kids, too. The order might grant you temporary custody right away. It could suspend your spouse’s visitation completely or require that visits be supervised. It can prohibit your spouse from going near your children’s school or daycare. Whatever gets decided temporarily often influences what happens permanently. Family courts look at protective orders when making final custody determinations. A Bethesda High Conflict Divorce Lawyer understands this connection and can help you document everything properly so your custody case is as strong as possible.
Taking Action For Your Safety
Your safety comes first. Your children’s safety comes first. If you’re dealing with abuse or threats during your divorce, Maryland law gives you options. Real options. Right now. You don’t have to figure this out alone. Getting legal guidance means understanding which protective order fits your situation, what evidence you need to gather, and how to present your case effectively. When safety is on the line, having the right support makes all the difference. Contact us today to get help with your case.
