Petition for Protective Orders are heard in District Court in Maryland. Normally, a divorce and/or custody cases are heard in Circuit Court. There is bit confusion among the public that they are heard in same court which is not always true. Petition for Protective Order hearings are treated different to the nature of such facts. These facts include abuse by one party to another. You should contact an attorney to try to figure if your case falls into this category where a Petition for Protective is warranted. It is important that you retain an attorney if you believe that you are subject to a Petition.
There are many cases that people file a Petition for Protective Order. However, there are cases where it can be frivolous. There are cases that it is very serious and an entry of a Protective is necessary to protect a person from abuse. It is not as simple as just filing a Petition of Protective Order. The filer has to prove his case and there is a burden of persuasion in order to prove your case. The alleged abuser will probably defend his position that abuse did not occur. Once the abuser proves that abuse had occurred, the alleged abuser may have to rebut. A judge will determine whether abuse had occurred and decide to enter the Protective Order to protect the Petitioner. You want to be best prepared to present your case to the Judge. Going through the complexity of a Petition for Protective Order, it best to retain an attorney to assist in such a serious matter.
People use this as a means to gain custody of their children. They become discouraged with the process of the court, so they use this as expedited and inexpensive way to gain advantage in their custody or divorce case. The court process is often long and expensive for custody cases.Temporary Protective Order
There is a Temporary Protective Order where the court issues this immediately when the Court has reason to believe that harm can occur. The court will schedule a Final Protective Order to have a hearing to determine whether there will be imminent harm on the Petitioner who is seeking protection from the Respondent.Final Protective Order
In the Final Protective Order, the Petitioner has the burden to prove that he/she has been imminently harmed or threaten to be harmed in the near future. The Respondent has to defend himself/herself from such allegations. It is best to have a lawyer to protect your rights in these proceedings. The rules can be confusing and convoluted to a lay person. You want an attorney to be there at each step and represent in a process like this. We have represented individuals in these types of proceedings. Contact the Soubra Law Firm at (301)219-5038 to retain an attorney in a Protective Order Proceedings.
If you do not retain counsel, you can face devastating consequences. Such consequences can be for Petitioner that the Protective Order can be dismissed and you will continue to deal with harm being done on you and/or the child(ren). As for the Respondent, Respondent can have no contact with his/her children and spouse or loved one and may be order to make payments and relinquish certain property such as a home and/or vehicle.Peace Order
There is also a Peace Order that can be used for people who you are not related to. The Procedure is similar, but there are minor differences because you are not dealing with relatives. This can be a person who can be a former friend like an ex-boyfriend or ex-girlfriend. This person can also be a neighbor or a person who has threatened violence against you. Also, you should retain an attorney for such action as a Petitioner. If you are a Respondent, you are best to retain an attorney who can best represent your needs in a matter like this. This is a critical step to retain representation to defend against accusation from the Petitioner. Contact the Soubra Law Firm at (301)219-5038 to retain an attorney.