Free peace and protective 5.pmd - Maryland


File Size: 131.5 kB
Pages: 2
File Format: PDF
State: Maryland
Category: Family Law
Author: brighthm
Word Count: 1,172 Words, 6,989 Characters
Page Size: 612 x 1008 pts
URL

http://www.courts.state.md.us/courtforms/joint/ccdcdvpo001br.pdf

Download peace and protective 5.pmd ( 131.5 kB)


Preview peace and protective 5.pmd
Peace Order or Protective Order . . . which one?
Peace and protective orders are civil orders issued by a judge to prevent one person from committing certain acts against others. The personal relationship between the "respondent" (person alleged to commit the prohibited act) and the victim (person to be protected) determines which kind of petition would be filed. Protective orders generally apply to people in domestic relationships. Peace orders apply to other relationships (dating, neighbors, co-workers, acquaintances, strangers). You cannot qualify for both; you must choose the one for which you would qualify. If you are filing the petition for yourself, do any of these apply to you?
I am the current or former spouse of the respondent I have lived in an intimate relationship with the respondent for at least 90 days during the past year I am related to the respondent by blood, marriage, or adoption I am the parent, stepparent, child, or stepchild of the respondent, and I have resided with the respondent for 90 days during the past year I have a child with the respondent

Other Resources
24-Hour Domestic Violence Hotline
1-888-880-7884

National Domestic Violence Hotline
1-800-799-SAFE

1-301-352-4574 1-800-MD-HELPS

Legal Assistance
Free legal assistance may be available for victims of domestic violence through various support agencies. To request legal assistance and representation ask the clerk for information on local service providers or contact the House of Ruth at 1-888-880-7884.

Peace and Protective Orders

Maryland Network Against Domestic Violence

assault fear of harm sexual assault child abuse stalking attempted rape domestic violence
How to File for a Peace or Protective Order

If you are filing the petition for a child or an adult who cannot provide for his or her own daily needs (a vulnerable adult), do either of these apply to you?
I am related to the minor child or vulnerable adult by blood, marriage or adoption I reside in the same house with the minor child or vulnerable adult

If you checked any boxes above, you would file for a protective order. If you did not, you would file for a peace order.

For more information on Maryland courts and their procedures, please contact a clerk in any state or county courthouse. For more information about the Maryland Judiciary, visit the website: www.courts.state.md.us.
Information contained in this brochure is intended to inform the public and not serve as legal advice. Brochure is subject to unscheduled and unannounced revisions. Any reproduction of this material must be authorized by the Court Information Office.

What do you have to prove?
Once you determine the type of order for which you may qualify, you then must prove that one of the following acts occurred. Acts marked with an asterisk (*) are covered only by peace orders and not by protective orders.
an act that caused serious bodily harm an act that placed the petitioner in fear of imminent bodily harm assault in any degree rape or sexual offense attempted rape or sexual offense false imprisonment criminal harassment * criminal stalking criminal trespassing * malicious destruction of property *

harassment bodily harm trespassing spousal abuse child abuse destruction of property

CC-DCDVO1BR

(10/05)

How to apply for an Order
Step 1: Complete the correct petition
The petitions (forms) for protective orders can be obtained from any circuit or District court clerk or District Court commissioner. Petitions for peace orders must be obtained from a District Court clerk or commissioner. All forms are available at:

What will the Order do?
Peace and protective orders are intended to provide protection for the petitioner and other individuals named in the order. The respondent may be ordered to:
stop threatening or committing abuse stay away from the petitioner's home, place of employment or school have no contact with the petitioner or others

www.courts.state.md.us

Step 2: File the petition
During normal business hours, file the petition with a circuit or District court clerk (District Court for peace orders). Once the petition is filed, you will then go to a courtroom to await a hearing.

A protective order may also:

Step 2a: Interim Order
When courts are closed, District Court commissioners may issue Interim Peace and Protective Orders to last until a judge holds a temporary hearing. An interim order goes into effect once the respondent is served by a law enforcement officer.

award temporary use and possession of the home to the petitioner award temporary custody of children to the petitioner award temporary financial support

Step 3: Appear for a temporary hearing
When you appear before a judge, you will be required to answer questions under oath. If the judge finds reasonable grounds to believe that the respondent committed the acts alleged in the petition against you, (and in the case of a peace order, is likely to do so again) a temporary order is granted. The order goes into effect once a law enforcement officer serves the respondent and generally lasts for seven days unless extended by a judge.

Frequently asked questions
Where do I file? A petition for a peace order may be filed only in District Court. A petition for a protective order may be filed in District Court or in a circuit court. If the clerk's office is open, you must file with the clerk. If the clerk's office is closed, file with a District Court commissioner. To locate a court, visit the Judiciary website at www.courts.state.md.us or look under the government pages of your phone book. Is there a deadline for filing? A petition for a peace order must be filed within 30 days of the act described within the petition. There is no specified time frame for filing a protective order. Can criminal charges also be filed? Peace and protective orders are civil orders, and are not criminal charges. If you wish to file for criminal charges, see a District Court commissioner or a state's attorney. What happens if an order is violated? Violation of an order may result in a finding of contempt, mandatory arrest, criminal prosecution, imprisonment, or fine. Do I need a lawyer? An attorney may be helpful in advising you about your case and representing you in court. However, you are not required to have an attorney.

Step 4: Appear for a final hearing
A final hearing is usually scheduled within seven days after the order is served. At the hearing, both parties may present evidence. However, if the respondent does not attend, the judge may still grant a final order if:

- At the trial the judge finds clear and convincing evidence that the respondent

committed the alleged act against the petitioner, as defined under the law, (and in the case of a peace order, is likely to do so again);

or

-

Instead of a trial, the respondent consents to the entry of a final order.

A protective order may last up to one year, with a possible six-month extension; a peace order may last up to six months.