How Are Protective Orders and Peace Orders in Maryland Different?
May 18, 2021
When it comes to protecting yourself from another adult due to abusive behavior, protective orders and peace orders in Maryland are both options. It’s important to understand what the key differences between the two are and how you can gain assistance from the state along with the attorneys at Lebovitz Law, LLC. You cannot qualify for both a peace order and a protective order, and making the wrong decision can cost you time and money.
What Are Protective Orders and Peace Orders in Maryland?
Both of these are civil orders that can be issued by a Maryland state judge, and they require one person to stop committing specific acts against another person. Depending on the relationship between you and the person you are filing against, it will determine what petition you can file. If you are not sure, the attorneys at Lebovitz Law, LLC can help you determine which is better. Protective orders require you to be in a domestic relationship, while peace orders can be filed against other people.
If You Are Filing for an Order, Do Any of These Apply to You?
If you are filing on your own behalf and any of the statements below apply to you, you can file for a protective order. If not, you should explore peace orders in Maryland.
⦁ I am the current or ex-spouse of the person.
⦁ I have been in a sexual relationship with the other person and lived with them for at least 90 days over the course of the last year.
⦁ I am related to the person directly by adoption, blood or marriage.
⦁ I have a child in common with the other person.
⦁ I have had a sexual relationship with the person within the year before the petition was filed.
⦁ The person committed a sexual offense or rape, or attempted rape or a sexual offense, against me within the past six months.
What Do You Have to Prove?
After you know whether you should apply for protective orders or peace orders in Maryland, you need to understand what you must be able to prove in court.
For a protective order:
⦁ An act that caused serious bodily harm
⦁ False imprisonment
⦁ Revenge porn
⦁ Criminal stalking
⦁ An act that placed you in fear of imminent harm
⦁ Rape or a sexual offense
⦁ Attempted rape or a sexual offense
For a peace order:
⦁ Criminal harassment
⦁ Malicious destruction of property
⦁ Criminal trespassing
⦁ Misuse of equipment or telephone facilities
⦁ Visual surveillance
⦁ Misuse of interactive computer service or electronic communication
If you aren’t sure how you can substantiate your case, the attorneys at Lebovitz Law, LLC can help to determine the best evidence to present a strong case in court.
What Can the Order Do?
Both protective orders and peace orders in Maryland provide you with some protection and also protect anyone listed in the order. Depending on the order, the other person might be ordered to:
⦁ Stop committing abuse or threatening you
⦁ Stay away from your home, school or place of employment
⦁ Have no contact with you
Protective orders can also be used to:
⦁ Award temporary use and occupancy of the home to you
⦁ Award temporary custody of any children to you
⦁ Award temporary financial support to you
⦁ Require the other party to surrender firearms and refrain from possessing firearms for the duration of the protective order
⦁ Award temporary possession of a pet to you
⦁ Order other types of relief
To explore your options for protective orders and peace orders in Maryland, we encourage you to contact the attorneys at Lebovitz Law, LLC.
Help With Protective Orders and Peace Orders in Maryland from The Attorneys at Lebovitz Law, LLC
Whether you are searching for an experienced lawyer to assist with your divorce, negotiating child support in Maryland or other issues, The attorneys at Lebovitz Law, LLC can help. To learn more about how we can assist you, please contact us today at (410) 324-3267.