Understanding Protective Orders In Maryland And How They Can Affect Divorce And Child Custody

If family conduct results in imminent threats or violence, many families in the State of Maryland consider obtaining a protective order, also known as a restraining order. A protective order may be an important safety measure, but it also has significant implications in family law, especially when one is in an active divorce case or child custody matter.

If you’re thinking about seeking a protective order or responding to one, you should know how cases like these proceed and how they might impact you in the future. 

What is a protective order in Maryland? 

A protective order is a court order that is issued for the purpose of protecting an individual from abuse. In the State of Maryland, a protective order can be issued if the parties have a “qualifying relationship,” which is defined as the following:

• Spouses or former spouses
• Those who have a child in common
• Those who cohabitate
• Some dating relationships
• Relatives by blood, marriage, or adoption

Protective orders may be sought in cases where there is a claim of violence, the threat of violence, stalking or some sex crimes. 

What a protective order can do

In certain cases, a protective order may contain certain restrictions and provisions that include the following:

• No contact (direct or indirect)
• Stay-away orders from a residence, place of employment, or school
• Eviction orders for a common dwelling
• Temporary custody or visitation arrangements
• Surrendering firearm requirements
• Family emergency maintenance

Since the consequences of these cases are potentially immediate, they tend to move quite quickly. 

How protective orders can affect divorce 

A protective order can impact a divorce in numerous ways. These include: 

• Living arrangements – An order of protection can have an immediate impact on your living arrangements. If the court rules that one spouse must move out of the family home, they could lose access to their personal property and parenting rights. 

• Impact on negotiations – A protective order allegation can alter the tone and course of negotiations in your divorce case. A case that might otherwise settle can become more adversarial if a party needs a protective order. 

How protective orders can impact child custody and visitation 

Maybe the biggest impact of a protective order is its effect on custody and parenting time. Visitation may be limited or supervised if the court thinks that it could endanger the child or the other parent. In some instances, the court could order the following:

• Supervised visitation only
• No visitation temporarily
• Neutral exchange locations
• No communication except through an app

Even an interim protective order can have an influence on child custody issues. It can indicate issues with safety, stability, or parental judgment. 

Talk to a Bel Air, MD, Family Law Attorney Today 

Schlaich & Thompson, Chartered, represents the interests of Bel Air, MD, residents who are going through divorce or need a domestic violence protective order. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.