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Assault, battery, and related crimes are against the law in Maryland, no matter if these offenses are committed against a family member or total stranger. Still, the potential for jail time and other punishment is sometimes not enough to discourage further violence and protect victims of domestic abuse. To address their safety, Maryland has established a process for domestic violence injunctions that victims can employ for additional protections. By going through the proper steps and meeting the legal requirements, you can get a restraining order against an assailant.
On the other hand, errors and failure to follow the rules on protective orders could lead to delays and hassles – possibly putting you and your family at risk of harm. Instead of trying to go it alone, count on a Baltimore County domestic violence attorney for help with these steps to getting an order of protection.
The nature of Maryland’s protective order process means you can go to court as petitioner and get an injunction without notice to the other person, the respondent. However, your petition must include sufficient information to convince the court that a domestic violence order of protection is necessary. You will need documentary evidence and facts related to:
- Your relationship to the petitioner;
- Details regarding any previous or current court cases involving you and the respondent;
- The respondent’s address;
- The nature and extent of the domestic violence and abuse; and,
- The relief you are seeking, i.e., a protective order that restrains the respondent from certain actions.
Complete and File Protective Order
There are different types of domestic violence restraining orders, and you must indicate the details when describing the relief you seek. Depending on your circumstances, you might request:
- Interim Protective Order: If you need immediate, emergency protection and the courts are closed, this is your only option. You can obtain a restraining order 24×7, and you do not need to notify or bring the respondent for the proceeding. An interim order is effective until the second business day after it is issued.
- Temporary Order of Protection: You can also get an immediate domestic violence protective order when courts are open. This temporary order remains in effect for up to 7 days OR until the court holds a hearing with the respondent present.
Prepare for the Next Hearing
Both interim and temporary orders of protection will wind up at a court hearing on a FINAL protective order. The respondent will have the opportunity to contest the allegations, so preparations are necessary to convince the judge to extend the order of protection for the long term.
Trust a Maryland Domestic Violence Lawyer to Handle the Process
Knowing the steps to getting an order of protection is helpful as an overview. You need skilled legal help in a real-life domestic violence situation. At the Law Office of William F. Mulroney, our team has extensive experience handling every stage of the process and prioritizing your safety needs. To learn more about our services, please call (443) 352-8433 or go online to set up a free initial phone consultation at our offices in Owings Mills, MD.