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Exploring 3 Kinds Of Protective Orders For Maryland Domestic Violence

ProtectiveOrder

Under Maryland family law, protective orders are a legal device available in cases of domestic violence. From a higher-level standpoint, these orders allow the state courts to intervene in domestic violence situations and, ideally, prevent further abuse. In common practice, there are three types of protective orders in Maryland: Interim, Temporary, and Final.

Interim Protective Orders

Under Maryland Code of Family Section 4-504.1, interim protective orders are available when the court clerk’s offices are closed.

When granting an interim protective order under Section 4-504.1, a court commissioner may:

  • Order the perpetrator to cease any further abuse or threats of abuse;
  • Require the perpetrator to refrain from contacting, attempting to contact, or harassing the victim;
  • Mandate that the perpetrator stay away from the victim’s residence;
  • Order the perpetrator to vacate a shared residence and grant temporary use and possession to the victim;
  • Award temporary child custody rights in cases involved alleged abuse of a child;
  • Award temporary use and possession of a home in cases involved alleged abuse of a vulnerable adult;
  • Require the perpetrator to stay away from the victim’s job, school, or temporary residence;
  • Mandate that the perpetrator stay away from the residence of any family member of the victim; or
  • Award temporary possession of a pet.

Temporary Protective Orders

Under Maryland Code of Family Section 4-505, temporary protective orders are only available after a legal hearing. A judge may issue a temporary protective order if there are reasonable grounds to believe that the victim was abused.

When granting a temporary protective order under Section 4-505, a judge may:

  • Order the perpetrator to cease any further abuse or threats of abuse;
  • Require the perpetrator to refrain from contacting, attempting to contact, or harassing the victim;
  • Mandate that the perpetrator stay away from the victim’s residence;
  • Order the perpetrator to vacate a shared residence and grant temporary use and possession to the victim;
  • Require the perpetrator to stay away from the victim’s job, school, or temporary residence;
  • Mandate that the perpetrator stay away from the residence of any family member of the victim;
  • Award temporary child custody rights in cases involved alleged abuse of a child;
  • Order the perpetrator to stay away from the child care provider of the victim, while the child is with such a provider;
  • Require the perpetrator to surrender firearms refrain from possessing firearms for the duration of the protective order; or
  • Award temporary possession of a pet.

Final Protective Orders

Under Maryland Code of Family Section 4-506, a final protective order may be sought before a  temporary protective order expires. Before a judge may grant a final protective order in Maryland, the alleged perpetrator must have an opportunity to be heard in court.

When granting a final protective order under Section 4-506, a judge may:

  • Order the perpetrator to cease any further abuse or threats of abuse;
  • Require the perpetrator to refrain from contacting, attempting to contact, or harassing the victim;
  • Mandate that the perpetrator stay away from the victim’s residence;
  • Order the perpetrator to vacate a shared residence and grant temporary use and possession to the victim;
  • Require the perpetrator to stay away from the victim’s job, school, or temporary residence;
  • Mandate that the perpetrator stay away from the residence of any family member of the victim;
  • Award temporary child custody rights in cases involved alleged abuse of a child;
  • Order the perpetrator to stay away from the child care provider of the victim, while the child is with such a provider;
  • Grant temporary child visitation rights;
  • Award emergency family maintenance or similar financial support;
  • Grant temporary use and possession of a shared vehicle;
  • Require the perpetrator or the victim to attend professional counseling or a domestic violence program;
  • Order the perpetrator to pay all court costs and legal fees associated with the protective order;
  • Require the perpetrator to surrender firearms refrain from possessing firearms for the duration of the protective order;
  • Award temporary possession of a pet; or
  • Grant any other relief necessary to protect the victim.

Do You Need Legal Help?

If you have legal questions about Maryland protective orders, we can help. Reach out to the Bel Air protective order attorneys at Schlaich & Thompson, Chartered for a consultation on your case.

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