Glen Burnie, MD Protective Order Defense Lawyer

Skilled Protective Order Defense Attorney for Clients in Glen Burnie, Maryland

Allegations of harassment, domestic violence, or threats of harm can lead to direct intervention from the courts. In Maryland, peace orders and protective orders can compel a person to obey certain terms or face court action. The difference between the two kinds of orders lies in the relationship between the alleged victim and offender.

At The Law Office of Caroline Norman Frost, we know how stressful it can be to have a restrictive court order suddenly issued against you. Our Glen Burnie, MD protective order defense attorney can advise you of how to respond in these situations and represent you in courtroom hearings to protect your rights.

What Is a Protective Order?

In Maryland, a protective order is a civil court order meant to stop abuse, threats, harassment, and related conduct in situations involving a qualifying relationship. Eligibility depends largely on the relationship between the petitioner (the person asking for protection) and the respondent (the person accused of abuse).

Protective orders generally apply to current or former spouses, cohabitants, certain relatives, a parent or child (including some step relationships with a residency requirement), people who share a child, people who had a sexual relationship within the last year, and certain situations involving recent alleged rape or sexual offenses.

Although a protective order case is civil, the consequences for the respondent can be severe. Courts can order no contact, stay-away provisions, and removal from a shared home in certain circumstances. Courts may also address temporary child custody and visitation, financial support in some cases, temporary possession of pets, and firearm restrictions.

When the courts are closed, a commissioner can issue an interim protective order after an immediate hearing, and it typically lasts for only a few days. During court hours, a judge can issue a temporary protective order that generally lasts seven days unless extended. A final protective order is not supposed to be issued without giving the respondent an opportunity to be heard, and the final hearing is generally scheduled quickly after a temporary order is served (no later than seven days, unless continued for good cause or an exception applies). If a final protective order is issued, it will generally remain effective for a year, though the judge can extend it to two years or more in some cases.

What Is a Peace Order?

A peace order is also a civil order, but it is designed for situations where the parties do not qualify for a protective order relationship, such as neighbors, co-workers, acquaintances, strangers, and other non-domestic relationships. If a relationship qualifies for a protective order, the court system generally directs the petitioner toward that process instead of a peace order.

Peace orders can address conduct such as harassment, stalking, trespass, malicious destruction of property, and certain misuse of electronic communications, in addition to assault and threats of serious harm. Courts can also include terms such as no contact, stay-away provisions, counseling, and the payment of certain fees and costs.

Protective orders and peace orders can look similar on paper because both can restrict contact and require someone to stay away from certain places. The difference is scope and eligibility. Peace orders apply to a wider set of relationships, but the relief is generally more limited, and the legal requirements can differ.

What Are the Penalties for Violating a Protective or Peace Order?

Under Maryland law, violating the relief granted in an interim, temporary, or final protective order or peace order is a misdemeanor. For a first offense, the penalty can be up to 90 days in jail, a fine of up to $1,000, or both. For a second or subsequent offense, the penalty can be up to one year in jail, a fine of up to $2,500, or both. Law enforcement may arrest a person when an officer has probable cause to believe the order has been violated.

In addition to criminal prosecution, courts can also address disobedience through contempt proceedings in some situations, which can add another layer of risk and court exposure. The safest approach is simple: take the order seriously, follow it precisely, and speak with counsel immediately about what it does and does not prohibit.

Contact a Glen Burnie Protective Order Defense Lawyer Today

Being served with a protective order or peace order can affect your job, your home, your custody situation, and your reputation, even before the court holds a final hearing. At The Law Office of Caroline Norman Frost, we can help protect your rights while a protective order is in effect and represent you in a hearing if needed. To schedule a free consultation, call our offices at 443-278-1562 or contact our Glen Burnie protective order defense attorney today.