Towson Protective Orders Attorney

Aggressive Defense for Orders of Protection in Maryland

In Maryland, accusations of domestic violence may lead to criminal charges for domestic battery, assault, sexual assault, or other offenses. However, an alleged victim of domestic violence may also request a protective order if they believe that they or their family members are at risk of harm. These orders, which are also known as restraining orders or orders of protection, are meant to prevent any acts of abuse from occurring in the future. For those who have been accused of domestic abuse, it is important to understand the restrictions they may face when a protective order is in effect, the legal procedures that will be followed, and the steps they can take to defend themselves.

At Seger Law, LLC, we know how a person and their family members can be affected by protective orders, and we understand the difficulties they may face when these orders are based on false accusations. We work to protect the rights of people who are facing domestic violence charges, and we are prepared to provide representation during protective order hearings and criminal proceedings. Our goal is to resolve these issues while helping our clients minimize disruptions to their lives and family relationships.

Procedures Followed When a Protective Order Is Requested

A person who believes they or their family members have suffered domestic abuse and feels that they need protection against future harm may request a protective order. When they do so, the following procedures will be used:

• Filing a petition: The process begins when a person (the petitioner) files a petition for a protective order in the court in the county where either party resides or where the alleged abuse occurred. The petition must detail the reasons for seeking the order, including specific instances of abuse or threats.
• Temporary protective orders: Upon filing, a judge may issue a temporary order if they believe the petitioner is in immediate and present danger. This order is usually granted ex parte, meaning that the respondent who has been accused of domestic violence or abuse does not need to be present. A temporary order will be effective for up to seven days after it is served to the respondent, but it may be extended if a court hearing is postponed.
• Final protective orders: A hearing will be held where both the petitioner and the respondent will have the opportunity to present evidence, testify, and call witnesses. If the judge finds sufficient grounds, a final protective order may be issued. In most cases, final protective orders may remain in effect for up to one year.

Forms of Relief in Protective Orders

In Maryland, a protective order can place a number of restrictions or requirements on the respondent. This is known as "relief," and the terms of a protective order may include:

• Prohibition against abuse: The respondent may be ordered to refrain from any acts of domestic abuse or threats against the respondent or others named in the order.
• No-contact provision: The respondent may be prohibited from contacting or attempting to contact the petitioner in any way.
• Stay-away orders: The respondent may be required to maintain a certain distance from the petitioner, and they may be prohibited from entering the petitioner's home, workplace, or school. They may also be prohibited from going to a daycare center or child care provider where the petitioner's child receives care.
• Possession of shared property: The respondent may be required to vacate a home they share with the petitioner. The petitioner may also be granted possession of a vehicle that they need to use for employment or to transport children, and either party may be granted possession of family pets.
• Custody and visitation: A protective order may establish temporary child custody arrangements, including providing the respondent with visitation time that may or may not be supervised.
• Financial support: The respondent may be ordered to pay child support or spousal support to ensure that the petitioner can meet their ongoing financial needs.
• Counseling: The respondent may be ordered to undergo psychological treatment or participate in a domestic violence prevention program.
• Firearm surrender: The respondent will be required to surrender any firearms they own to law enforcement, and they will be prohibited from possessing firearms for the duration of the protective order.

Penalties for Violating a Protective Order

Failure to comply with a protective order is a serious offense that can lead to criminal penalties. In some cases, a person may be held in contempt of court, which could result in fines or imprisonment. If a serious violation occurs, a person may be arrested and charged with a criminal offense. A violation of a protective order is a misdemeanor offense. For a first offense, a person may face a prison sentence of up to 90 days and/or a fine of up to $1,000. For a second or subsequent offense, the penalties increase to up to one year in prison and/or a fine of up to $2,500.

Contact Our Towson Protective Order Defense Attorney

At Seger Law, LLC, we provide representation for those who have been accused of domestic violence, helping them defend against criminal charges and respond to protective orders. To learn how we can assist with these situations, contact us at 443-208-4692 and schedule a free consultation.