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What To Know About Protective Orders

Crime3

When a person has been harmed by domestic violence, stalking, or another abusive act by a family member, they can file a protective order against that person. A protective order is essentially a restraining order, which means that a person must stay away from the victim.

When a person violates a protective order, they can face serious penalties. The police can arrest someone who violates a protective order. If the person is found guilty, they face $1,000 in fines and up to 90 days in jail.

Who Can Get a Protective Order?

A person can get a protective order based on their relationship with the other person. Eligible relationships include:

  • Those who are married, divorced, or separated
  • Those who are related by marriage, blood, or adoption
  • Those who have been in a sexual relationship with each other for the past year
  • Those who have a child together
  • Victims who are vulnerable adults
  • Victims who have been sexually assaulted (or attempted) by the other person in the past six months

If none of the above describe the victim’s relationship with the person, they can still get legal protection from the court from a peace order. A person can get a peace order against a neighbor, stranger, or a person they have dated in the past.

What Needs to Be Proven?

A person cannot get a protective order against you for no valid reason. There needs to be some sort of abuse involved. Abuse may include the following:

  • Assault
  • Rape or sexual offense, or any attempt
  • Any act that causes serious bodily harm
  • Any act that places a person in fear of serious bodily harm
  • False imprisonment
  • Stalking
  • Revenge porn

What Can a Protective Order Do?

The protective order may be in place for a temporary or permanent basis. This order may demand that you:

  • Stop abusing, harassing, or threatening the victim
  • Have no contact with the victim, including calling, texting, emailing, and other forms of communication
  • Stay away from the victim’s home, school, or work
  • Leave your home

Depending on your situation, the protective order might also address child custody, emergency financial support, counseling for substance abuse or domestic violence, possession of vehicles, possession of firearms, and possession of pets.

You may already be in legal trouble. If you don’t abide by the provisions in a protective order, you can get into even more legal trouble. This means you cannot attempt to contact the other person. You must also meet any requirements, such as making support payments or attending counseling.

Contact a Maryland Criminal Defense Attorney Today 

Violating a protective order is a serious issue. If you have been caught violating such an order, you can be charged with contempt and be arrested.

Let the Columbia protective order violation lawyers at the Law Offices of Todd K. Mohink, P.A. fight for your rights. We understand the law and can help reduce or even eliminate your penalties. To schedule a free consultation, fill out the online form or call (410) 774-5987. We have two offices to serve you.

Resource:

courts.state.md.us/legalhelp/domesticviolence

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