29 Jan 2018

How To Defend Against A Protective Order in Maryland

A Protective Order in Maryland is issued by a court to protect a person from a situation involving alleged domestic violence, harassment, stalking or sexual assault. Survivors of domestic violence can use this Protective Order to protect themselves from further abuse. These orders cannot stop the abuser from abusing but give the right to the victim to have the abuser arrested for breaking the Law.

Having a Protective Order(PO) against you can be very serious. PO does not entitle criminal record against you, but it does affect your freedom. Having a PO in Maryland against you can lead to some of these consequences.

  • The PO entered is a matter of Public Record
  • You can be restricted from entering some places, can include your house also.
  • You are not allowed to carry a Gun, even if you are licensed(also if your job requires you to have one)
  • Not have permission to talk petitioner or named people. Not allowed to speak to your children.
  • If you violated PO, then you can arrest without a warrant and charge with criminal contempt.
  • You can face fines and jail for violating the PO.

1. What should I do?

Talk to your peace order lawyer Maryland and take the further steps for appealing a protective order. If you are a low-income person, you can always seek free legal help.

With the help of a Lawyer, file a motion against the PO issued against you and request the judge to modify, terminate the PO. Petitioners can also ask to extend the expiration date of PO.

File your motion in the court which has issued the PO. The judge will give you a chance to tell your side hearing. Upon hearing the court decides the extension of  PO.

2. Time is Crucial in PO

You will have only 14 days to file a motion against the PO filed. This motion can be filed for modification, termination or extension of the PO. You must have a perfect reason before the judge to convince him for having the PO modified or extended or terminated.

3. What is included in Motion?

Always be truthful before the judge. Tell whether you want to change or end the PO. If you want changes made, tell which parts of it are to be replaced. If you have any pieces of evidence against the petitioner, then say to the judge about them, if possible attach proof to the motion petition.

4. What not to do

If you are facing petition of a Protective Order in Maryland, then you should not

  • Destroy the evidence that you think might hurt you, which may lead to criminal charges.
  • Try to talk with the Petitioner or Evidence
  • Disobey or Violate the PO orders in any manner.

5. Consult with an Attorney

Immediately after having received a PO, consult an Attorney to defend against a  Protective Order in Maryland because PO is a temporary order and changes to a permanent order quickly. You should react soon by approaching a Lawyer specialized in this issues. To understand your legal position on a Personal Protection Order, then call us today at  301-515-1190 to set up your initial consultation.

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