To file a new peace or protective order case after court hours, visit a District Court commissioner. On motion of a party, a person from whom discovery is sought, or a person named or … In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. It is so important that the petitioner takes that step. (Click here for a list of domestic violence shelters.). HB1302, Ch. Bankruptcy. Civil Procedure--Circuit Court . The judge can also order “no abuse,” or “no abusive contact,” which means that your abuser cannot abuse you, but could contact you for other purposes. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. On this form, you will list the reasons why you are seeking protection from abuse. Extreme Risk Protective Orders (Refs & Annos) Effective: October 1, 2018. A protective order is a court order that prohibits an abuser from harming you. Read the Law: Md Code., Family Law § 4-505. The day, time, and location of another hearing for a Temporary Protective Order; and. In Maryland, a Protective Order is a form of relief granted by the court to eligible individuals who have been subject to specific acts enumerated by statute. The Commissioner can be accessed at the local office or by telephone. The interim order will state the date, time and location of the hearing for a temporary protective order… In this age, people do not … When you arrive at court, tell the Clerk of the Court (Clerk) that you want to file a Petition for Protection from Domestic Violence (Petition). Service is complete upon mailing. Maryland Temporary Protective Order: after a hearing on a petition, whether ex parte a judge finds that there are reasonable grounds to believe that a person eligible for relief has been abused . Order the abuser to stop abusing or threatening to abuse you; Order the abuser to stay away from you and to not try to contact you or harass you; If you are married to the abuser AND you were living together at the time of the abuse, the court can order the abuser to leave the home where the two of you live; If you are not married to the abuser, but were living together at the time of the abuse AND your name is on the lease or deed for the home OR you lived with the abuser for at least ninety (90) days within the past year, the court can order the abuser to leave the home; Order the abuser to stay away from your job, your school, the place where you may be staying, from your children’s school(s), and from your family members’ homes; Order that you be given temporary custody of any children that you have with the abuser (including the use of reasonable and necessary force to return the minor child to the custodial parent) and, depending on safety considerations, the Judge may condition or restrict visitation; Order that you be given temporary custody of any pets you own with the abuser; If you are married, order the abuser to pay money to help support you during the order; If you have children with the abuser, order the abuser to pay support for the children; If you own a car with the abuser, the court may order that you have sole use of the car for the period of the order (you must tell the judge that the car is necessary in order to get you to work or to transport a child); Order the abuser or you to participate in a counseling program (domestic violence and/or drug/alcohol); Order the abuser to stay away from a child care location; or, Both parties acted primarily as aggressors; and. -- In determining whether to order the respondent to vacate the home under § 4-505(a)(2)(iv) of this subtitle or subsection (d)(4) of this section, the judge shall consider the following factors: (1) the housing needs of any minor child living in the home; (2) the duration of the relationship between the respondent and any person eligible for relief; (4) pendency and type of criminal charges against the respondent; (5) the history and severity of abuse in the relationship between the respondent and any person eligible for relief; (6) the existence of alternative housing for the respondent and any person eligible for relief; and. If the abuser is responsible for providing you or a person eligible for relief financial support, you must request Emergency Family Maintenance on the Petition (you will need to support this request by submitting financial documentation at the time of the Final Protective Order hearing). Petition for an extreme risk protective order West's Annotated Code of Maryland Public Safety Effective: October 1, 2018. The abuser does not have to go to court with you. NOTE: If you have an Interim Protective Order, you do not need to see the Clerk. (2) All relief granted in a final protective order shall be effective for the period stated in the order, not to exceed 2 years if: (i) the court issues a final protective order under this section against a respondent on behalf of a person eligible for relief: 1. for an act of abuse committed within 1 year after the date that a prior final protective order issued against the same respondent on behalf of the same person eligible for relief expires; or, 2. by consent of the respondent within 1 year after the date that a prior final protective order issued against the same respondent on behalf of the same person eligible for relief expires; and. This includes paternity, child support, divorce, custody, domestic violence, juvenile matter, or criminal cases. A Maryland Attorney Can Help. An act that causes serious bodily harm (e.g., kicking, punching, choking/strangling, shoving, shooting, hitting with an object, stabbing, or biting); An act that places a person in fear of imminent serious bodily harm (including threats of harm); Rape or sexual assault (including attempts); A current or former spouse of the abuser (also called the Respondent); Is having a sexual relationship with the abuser, and. If your abuser is present at the hearing, the abuser may or may not be represented by a lawyer. If the Court is closed on the day the order is due to expire, the order remains in effect until the court holds a Final Protective Order hearing. We make every effort to ensure the accuracy of the information and to clearly explain your options. Contact information for the Commissioners can be accessed at the conclusion of the Maryland Judiciary, sponsors site! Be asked to fill out the forms go to court with you at all times in jail and be.! 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