There are three different types of protective orders in State of Maryland. You must file in the county in which you live. For example, if you live in Rockville, Gaithersburg, or Bethesda, you would need to file in Montgomery County.
Who can get a protective order in Maryland?
If you need to file for a protective order in Maryland, you or your child must have been abused by a person with whom you have a romantic relationship and lived with for at least 90 days during the past year, someone related to you to by blood or marriage. In Maryland, unlike the District of Columbia, the courts are somewhat more conservative in how they define domestic violence, and this may affect the chance of a petition for a protective order being approved. This does not mean that we cannot get a protective order against someone who is abusing you with whom you have not had a romantic relationship, or to whom you are not related, but you would need to file for what is known as a peace order.
What are the different types of protective orders in Maryland?
Interim Protective Order: An interim protective order is the shortest type of protective order in Maryland. You would apply for this type of protective order if the courts are closed. This includes both the district and circuit court.
As your Rockville protective order lawyer will explain, if you need a protective order and cannot go to court, you must go to a District Court Commission in your area to request an interim order. The interim protective order will be valid once granted until the court can hold a hearing for a temporary protective order.
Temporary Protective Order: This TPO must be requested during normal business hours of the court. If you are requesting that the order be issued that day, you will be given an ex-parte hearing. This is a hearing where the person against whom you are requesting protection is not present. However, because the respondent is entitled to notice and a hearing before a Final Protective Order is put in place, the temporary protective order will only last seven days. You will need to have the respondent served for the order to be valid. The court has the power to extend a temporary protective order, but that will depend on the facts of the case.
Final Protective Order: A Final Protective Order is longest-lasting type of protective order for which you can apply in the state of Maryland. This is the the type of order that requires a full evidentiary hearing (trial), or consent of the respondent, and it will be in effect for one year (two years in some cases), unless extended beyond that by the court. These hearings be very complicated, and it is best if you have an attorney representing you during the process.
What if someone has served me with a Protective Order in Maryland?
If you are served with a protective order in Maryland, you should contact an attorney as soon as possible. It is important to understand that just because someone got a temporary protective order against you does not mean they will win at the hearing and a get a Final Protective Order.
If you need assistance with a protective order Montgomery County or PG County Maryland, please feel free to contact the Law Offices of Daniel A. Gross, PLLC.