Maryland law distinguishes the categories of protective orders. These depend on several factors like relationships between parties involved; whether the spouses have children; and if a criminal warrant has already been issued. Protective orders can be obtained by individuals who are in fear of physical contact or harm inflicted by another person. It could be caused by your spouse or anybody you are living with. It can also be inflicted against kids.
Concerns regarding Protective Orders
What are some problems with a protective order? If it is granted against you, there are negative consequences that can affect you for a long time. You can never be considered for a firearms permit. It will show up on your records forever. It will be damaging afterwards. However, there are circumstances when some people really need protective orders from the court. What you need to do is present the necessary evidence to the court. You should have legitimate fear of physical safety from this individual. This person can be a spouse, family or household member, or minor dependents. More and more judges are taking a harsher and stronger look at protective orders. The question is whether to issue these orders or not. The longest form of protective order under Maryland law is called a Permanent Protective Order. It can be imposed for as long as two years. Both petitioner and respondent will be asked to present evidence during a formal inquiry before the judge can grant a permanent order.
The protective order can have a considerable effect on the person from whom protection is being sought. There is a requirement that the respondent must stop all abusive behavior. The court can order the person to desist from communicating with family members. The judge can also ask the accused to leave the home while granting provisional possession to the petitioner. This is regardless of ownership. Courts can also order the respondent to give up custody of children and provide temporary support. It is very clear that federal law provides that “subjects of domestic violence protective orders are not allowed to own, purchase or transport firearms, even for hunting or for work as a security guard.” You need a very good legal counsel to pursue or dispute any court directive for a domestic protective order.
An attorney with extensive family law practice can help you understand all legal alternatives regarding domestic protective orders. Call us for a legal consultation today.