Obtaining a protective order, also known as a restraining order, can help to preserve someone’s safety and peace of mind when they are at risk of bodily harm from a specific person. The state of Maryland establishes parameters for successfully obtaining a protective order, and violations of these orders may lead to extremely harsh penalties, including jail time.
Protective orders can be temporary or, in some cases, permanent. A Waldorf protective order lawyer could help you understand your rights and options if you are considering these measures or have been served with a protective order. To learn more about your potential options and responsibilities while ensuring your rights are not violated, consult a dedicated defense attorney.
Requirements for Pursuing a Protective Order
Different types of protective orders have specific requirements the person seeking the order—known as the petitioner— must meet. Typically, a petitioner pursues an order to safeguard themself from abuse by a specific person. Examples of situations that qualify as abuse include stalking, sexual assault, and events that inflict severe personal injuries.
A petitioner must have a specific type of relationship with the person they intend to obtain a protective order against. This person is known as the respondent or defendant. Commonly, a person will seek a protective order against a spouse or a previous partner. However, a protective order could also be granted in other situations, such as against a parent or child. Someone who does not qualify for a protective order may still be eligible to obtain a peace order, which can also impose limited restrictions on a defendant.
As a Waldorf attorney could further explain, someone can still pursue an interim protective order even when the courts are closed. They can then request to extend this order to a temporary protective order, which is otherwise obtainable during normal hours of court operation. The court determines whether it is necessary to extend this order at a final protective order hearing, during which both sides can present details and evidence to support their respective cases. If a final protective order is issued, the duration can be for up to 12 months. In rare cases, a protective order can be permanent.
After a Protective Order Has Been Issued
A protective order binds the defendant to stringent regulations, and failing to follow an order’s provisions can result in severe legal consequences. For example, a protective order may instruct the defendant to cease all interaction and correspondence with the petitioner, to stay away from the marital home, and to remain away from the petitioner’s place of employment.
A protective order may require a defendant to relinquish certain rights, such as child custody, or live up to certain obligations, such as paying child support. If the respondent violates these provisions, they may face probation or even jail time. A Waldorf criminal attorney could assist in a wide range of matters pertaining to protective orders, including advocacy at hearings and defense against allegations of a protective order violation.
Schedule a Consultation With a Waldorf Protective Order Attorney
If you want to obtain a protective order or have been named as a defendant in one, a seasoned attorney should be your first call. The legal nuances and court procedures surrounding these orders can be complex, and you will want to ensure nothing slips through the cracks.
When it comes to safeguarding your rights and interests, a Waldorf protective order lawyer with a wealth of experience handling these cases could be your ally every step of the way. Call the Law Office of Hassan B. Ahmed today to speak with a lawyer about the best next steps for your case.