Ellicott City Protective Order Lawyer

Ellicott City Protective Order Attorney

If you’re experiencing any form of harassment, abuse, or threats, it is vital to act quickly to ensure your personal safety. Contacting an Ellicott City protective order lawyer as soon as possible is vital. Filing a protective order may be the right option for your situation.

Once filed, Maryland law will help ensure your and/or your loved one’s safety from the aggressor. Here at the Law Offices of Todd K. Mohink, PA, we help victims navigate the complex Maryland legal system and work to protect their rights in court.

The Need for a Protective Order

You may need a protective order for a variety of reasons. If someone is harassing, stalking, abusing, endangering, or threatening your life, you can pursue a protective order. Abuse involving children or vulnerable adults may also qualify. Often, we think of a protective order as protecting us from a stranger, when in reality, it’s most commonly from someone we know.

While domestic abuse and harassment can happen to anyone of any gender, a staggering number of women are in danger from their romantic partners. In 2021, 34% of women murdered were killed by an intimate partner. Only around 6% of male murder victims were killed by an intimate partner.

In 2023, 344 protective orders were issued in Maryland. While not all harassment and abuse cases can result in protective orders, it is worth pursuing with an experienced family attorney in Ellicott City. At the Law Offices of Todd K. Mohink, PA, we approach each protective order case with compassion and can help you understand and protect your rights.

Understanding Protective Orders Versus Peace Orders in Maryland

A protective order is a civil court order requiring an individual to stay away from and not contact the victim. These orders may also require the aggressor to vacate a shared residence, surrender firearms, and attend counseling. Protective orders can be temporary or final, depending on the stage of the legal process. For protective orders filed in 2023, assault was the most common reason, with 1,929 filings in Maryland.

Those living in Howard County can file a protective order for free at either the Howard County District Court or the Howard County Circuit Court. If you’re filing the protection, you’re called the petitioner. The person against whom the order is being filed is the respondent. Protective orders require a specific type of relationship between the petitioner and the respondent. This can include relationships such as:

• Spouses
• Cohabitants
• Relatives
• The other parent of your child

For those experiencing abuse by a coworker or acquaintance, you’ll be able to file a peace order. Both orders address similar types of abuse, such as serious bodily harm, assault, or revenge porn, but the nature of the relationship between the petitioner and the respondent is a key difference.

Temporary orders for both types typically last up to seven days but can be extended under specific circumstances. Protective orders can be extended typically up to one year.

If you need protection right away in Ellicott City, there are two emergency options: an Interim Protective Order (when courts are closed) and a Temporary Protective Order (during business hours). To get an interim order in Howard County, you’ll visit the District Court Commissioner’s office at the right rear of the Howard District Court.

You’ll fill out a petition explaining the abuse, then speak with the Howard County Commissioner. If approved, the order is sent to the police, who serve the respondent, and details about the next court hearing are provided. Temporary orders work similarly but are filed directly in court during regular hours.

To be fully prepared, gather any evidence, such as photos, police reports, or witness names. The Law Offices of Todd K. Mohink, PA, works with clients to assess eligibility, prepare petitions, and represent them at hearings.

Responding to a Protective Order

Those who were served with a protective order have the right to defend themselves in court. When attending the hearing, it’s important to inform the judge if you have any pending criminal charges related to the protective order’s allegations. If you do, consulting with an experienced attorney before your court date is strongly recommended.

The judge will ask whether you consent to the protective order or wish to contest it. Consenting means you agree to the order; however, it does not mean you’re admitting fault. No trial will be held in these cases, and you will have to comply with the terms of the order.

If you want to contest the order, a trial will take place where both you and the petitioner may present evidence and witnesses. After considering the testimony and evidence, the judge will determine whether to grant the order and the length of its duration.

Until the final hearing, you’ll have to comply with the terms of any temporary protective order in place. Violating a protective order is a criminal offense in Maryland and can lead to arrest and additional charges.

The Law Offices of Todd K. Mohink, PA, also represents respondents in protective order cases. This includes evaluating the claims made against them, gathering evidence, and providing a defense at hearings.

FAQs About Ellicott City, MD Protective Order Law

What Proof Do You Need for a Restraining Order in Maryland?

To obtain a protective order in Maryland, the petitioner must provide clear evidence of abuse. This can include police reports, medical documentation, photographs of injuries, and witness statements. Text messages, emails, or voicemails can also support the claim. The judge must find reasonable grounds to believe that abuse occurred. The more specific and extensive the evidence is, the stronger the petition.

What Is the Ideal Way to Win a Restraining Order?

The most effective way to secure a protective order is to document all incidents thoroughly. This includes saving communications, filing police reports, and seeking medical attention when necessary. Witnesses can support the claim. Success depends on preparation, legal knowledge, and the ability to present convincing, fact-based arguments to the judge.

How Much Does a Restraining Order Cost in Maryland?

There is no filing fee to request a protective order in Maryland. This makes the process accessible to those who need protection. However, other costs may arise, such as legal fees, if a person chooses to hire an attorney. The Law Offices of Todd K. Mohink, PA, provides free consultations to discuss the legal process and what to expect financially to minimize unnecessary expenses during the process.

Reach Out to an Ellicott City Protective Order Lawyer

If you are facing a protective order case in Ellicott City or surrounding areas, whether as a petitioner or a respondent, legal guidance is critical. The Law Offices of Todd K. Mohink, PA, has experience handling these sensitive cases with empathy and attention to detail. Contact us today to discuss your case in a free consultation.