Domestic Violence Protective Orders
Carroll County, MD Family Law Attorney: Legal Services throughout the Baltimore Metropolitan Region

Domestic Violence Protective Orders (DVPO) in Maryland

Peace Orders versus Protective Orders

What should I file: a Protective Order or a Peace Order? Peace Orders and Domestic Violence Protective Orders (DVPO) are civil orders issued by a judge that order one person to refrain from committing certain acts against others. Protective Orders generally apply to people in domestic relationships. Peace Orders apply to other persons. Some people also refer to these as restraining orders.

What are Protective Orders?

Protective orders are filed by someone who has been abused, or is in danger of abuse or violence from another. Domestic Violence Protective Orders prevent or limit the contact a person may have with the person who requests the order. In addition to protecting current or former spouses, these orders may also be filed by minor children who are in danger of abuse. The child’s legal guardian, parent, or custodian files the petition on a minor child’s behalf.

For a court to issue an Order of Protection, the defendant or offending party must fall in the following categories in terms of their relationship to you:

• Are current or former spouses.
• Have lived together in an intimate relationship for at least 90 days during the past year.
• Are related by blood, marriage, or adoption.
• Are in a parent-child, or stepparent-stepchild relationship and have resided together for at least 90 days during the past year.
• Are in a caretaker-vulnerable adult relationship.
• Are the parents of a child together.
• Have had a sexual relationship within one year before the filing of the petition.
  
  

An Emergency Order of Protection is granted for the immediate security of a person, when there is reason to believe that there is immediate and grave danger to his/her life and safety.

As your attorney, I can guide you through the steps you need to take to protect yourself, file the necessary paperwork, and provide support through the entire process.

Contact Law Offices of Gary W. Desper for legal advice and representation regarding domestic violence protective orders.

In Maryland, there are 3 types of Protective Orders:

1. Interim Protective Orders
2. Temporary Protective Orders
3. Final Protective Orders

In Maryland, a person who believes that they are in danger of abuse or violence can seek a Protective Order that limits the contact that the offending party has with them. You can obtain an order of protection from either the District Court or Circuit Court in your county.

Interim or Temporary Protective Orders

The Commissioner (Interim) or Judge (Temporary) can order that the alleged abuser:

• Stop abusing you.
• Stay away from you and to not try to contact you or harass you at your home, school, job, or the place where you may be staying, stay away from your child’s school, and from your family members’ homes.
• Stay out of your house.
• Leave the home where the two of you live, if you are married to the abuser, AND you were living with your abuser at the time of the abuse.
• Leave the home if you are not married to the abuser, but were living with the abuser at the time of the abuse, AND your name is on the lease or deed for the house, OR you lived with the abuser for at least 90 days within the past year.
• The judge can also give you temporary custody of any children that you have with the abuser.
• The judge can award temporary possession of any pet of the person eligible for relief or the respondent

Final Protective Orders

The judge can order any of the above, and can also:

• Establish temporary visitation with children.
• Award emergency family maintenance.
• Award use and possession of jointly titled car.
• Order counseling.
• Order the abuser to surrender all firearms.
• Order the abuser to pay filing fees and court costs.
• Order any other relief that the judge determines is necessary to protect a person eligible for relief from abuse

Possible Penalties for Criminal Domestic Violence

If the violence leads to serious physical harm, such as death or rape, the defendant could face serious criminal charges with the potential of jail and/or a fine. If you have been arrested or charged with violating a protective order you need to consult an experienced criminal defense attorney as soon as possible.

Contact Law Offices of Gary W. Desper for legal advice and representation regarding domestic violence protective orders and other family law or criminal law matters.

Can Court Records for Protective Orders or Peace Orders be Shielded from Public View?

Yes, provided certain conditions are met from the beginning of the process. This is one reason an attorney may be very valuable to you. Contact us for more information.

Carroll County, MD Domestic Violence Lawyer

Gary W. Desper, Carroll County MD Domestic Violence Attorney, serving Westminster, Boring, Eldersburg, Finksburg, Glyndon, Hampstead, Mt Airy, Mount Airy, Owings Mills, Reisterstown, Sykesville, Taneytown, Taylorsville, and the surrounding areas of Carroll and Baltimore Counties.