How Can You Obtain A Peace Order Against A Family Member?
A peace order is similar to a protective order, but a little different. For those who are in need of protection, but not eligible for a protective order, a peace order is worth considering.
What Is A Peace Order?
A peace order is defined as the following: a court order that requires one particular individual to stay away from another individual and, in turn, to not contact that individual.
Many people liken a peace order to a restraining order. A variety of similarities exist between the two and, as such, one can consider a peace order Maryland’s version of a restraining order.
Even though a peace order is, by and large, effective, it does not serve as a protection mechanism for those who are related to, or in a relationship with, an individual that has hurt them. These relationships require a protective order.
What Situations Allow You To File For A Peace Order?
A wide variety of situations allow an individual to file for a peace order. Some of the most notable situations that allow an individual to file for a peace order are as follows:
- Being the victim of an assault by a particular individual.
- Being the victim of false imprisonment by a particular individual.
- Being the victim of threats, or some other act, by a particular individual.
- Being the victim of harassment by a particular individual.
- Being the victim of trespassing by a particular individual.
- Being the victim of malicious destruction of one’s property by a particular individual.
- Being the victim of revenge porn by a particular individual.
- Being the victim of stalking by a particular individual.
Regarding the “particular individual” component of the above, an individual can only file a peace order against certain people. The people that an individual can file a peace order against are as follows:
- Someone whom they are not related to.
- Someone whom they are not in a sexual relationship with.
Given the criteria outlined above, if an individual is the victim of any of the crimes outlined above, they will only be able to obtain a peace order if their relationship with that person is relatively minimal.
What Do You Need To Prove To Obtain A Peace Order?
To obtain a peace order, the individual who is filing for a peace order must prove several things. The “several things,” in question, are as follows:
- The person who committed the act did so within the last thirty-days.
- The person who committed the act is likely to do so again.
A failure to prove either of the conditions above will lead to the denial of a peace order. But, if those conditions are proven, then the court will grant a peace order.
A final peace order can be developed. A final peace order can last for as long as six-months and, if there is reason to extend the order, another six-months after that.
Do You Need Legal Help?
Criminal cases are, more than anything else, a series of complex legal processes. Going through these complex legal processes can be a source of stress and confusion.
Speak with a trusted Bel Air criminal lawyer today. We, at Schlaich & Thompson, have more than 60 years of combined legal experience in criminal law and, as such, are ready to assist you.