More Information About Protective Order
You cannot deny that domestic violence is a huge problem in the world we live in. Many years ago, a person is seeking protection from an abused party would have to file and try a restraining order. Now, that is not the case anymore. The Maryland Legislature started the protective order act which permit someone who was abused by a partner or spouse to file a protective order in Maryland District Court. Also, this includes if a child was abused. As far as restraining order goes, those days are long gone.
Requesting a Protective Order has changed over the years. The way it is done is that when a court decides that you are eligible party, and if it did occur according to Maryland law, then a protective party is awarded to the party who is abused. You can file a protective order with the commissioner, district court, or circuit court to receive a temporary protective until you move forward with a final protective order. Petitioner must serve the respondent properly, where the Sheriff will do this in most jurisdiction. The Sheriff will need detailed information as to how to serve the respondent.
The facts that the commissioner or judge will look at one of the following:
- Alleged false imprisonment or kidnapping
- An act that caused serious bodily harm
- Rape or sexual offense
- An act that places a person in fear of imminent serious bodily harm
- An assault occurred
The second item that the commissioner or judge will look at that you are eligible for protective order that is one of the following:
- Both have been in a sexual relationship for at least one year before filling the petition
- Both of you have cohabitated had been in an intimate relationship 90 days during the past 12 months
- Both of you or any stepparent-stepchild relationship or parent child that you had lived together for at least 90 days during the past year
- Both parties are biological parents of the child in question
- The abuser is your former spouse or spouse
Protective Order are very common in Maryland and the most common type of case district court judges see on a routine basis. People are aware about this relief, so there are filed more often.Have Protective Order Been Abused?
The reason people file this to attain a quick result. Of course, like many legal actions people create facts and make up stories to try to get a leg up in the litigation process. On other hand, protective orders are needed in dire situations where these types of emergencies will prevent someone from being severely abused or even loss of life.Time Frame
Time frame is the biggest obstacle in protective orders. Commissioners and Courts are under a lot of pressure to protect people from harm. There is not enough time to prepare. It is best to retain a Protective Order Attorney. Call the Soubra Law Firm to help you with this expedited process. This can result from being legally kick out of your home for a year, paying certain bills, child visitation, custody, and even emergency family maintenance which the District Court will render a decision on those issues. District Court does not have the jurisdiction to handle the domestic matters. The Circuit Court has jurisdiction to handle domestic matters. The District Court will make an impulsive decision where it can affect you for a long period of time. It can be devasting if it is not handled properly.
If you have been a victim of abuse or you have been falsely accused of abuse. It is best to call the Soubra Law Firm at 301-219-5038 to handle this matter the way it should be done.