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Find Help. Legal Help Directory. Qualifying for Legal Aid. Working with Private Attorneys. Some courts may have advocates on-site who can help you fill out the forms. While you can do this without a lawyer, consider contacting your local domestic violence agency for advice and counseling. Free or reduced fee legal representation may also be available through these agencies.
In addition, domestic violence agencies may have shelters in your area to house you and your children to keep you safe through this process. Click here for a list of domestic violence shelters. If you are seeking financial relief also known as Emergency Family Maintenance , get copies of your most recent pay stubs, living expenses mortgage, lease, utilities, car insurance, car payment, daycare, etc.
Contact information for the Commissioners can be found on the District Court website. On this form, you will list the reasons why you are seeking protection from abuse. It is important to list every example of physical abuse and threats; the history of abuse; all pending or previous court actions between the parties; and the relief you are seeking.
If necessary, you may also write on an additional sheet of paper and attach it to the Petition. If the abuser is responsible for providing you or a person eligible for relief financial support, you must request Emergency Family Maintenance on the Petition you will need to support this request by submitting financial documentation at the time of the Final Protective Order hearing.
If you are worried about your abuser learning your whereabouts, your address does not need to be disclosed on the Petition — you may provide an alternate address or simply ask that your address be kept confidential. After submitting the Petition, you will appear before a Commissioner to explain your reasons for seeking relief. Depending on your specific circumstances, the Commissioner may order as relief any or all of the following:.
If you are NOT married to the abuser, but were living together at the time of the abuse AND your name is on the lease or deed for the home, the court can order the abuser to leave the home;. If you are not married to the abuser and you lived with the abuser for at least ninety 90 days within the past year, the court can order the abuser to leave the home;. A law enforcement officer will then immediately serve the person you allege as the abuser with a copy of the Interim Protective Order.
The Interim Protective Order will state:. The Interim Protective Order expires at the end of the second business day after issuance or at the Temporary Protective Order hearing, whichever is the earliest.
If the court is closed on the day the order is due to expire, the order remains in effect until the District or Circuit Court holds a Temporary Protective Order hearing. You must attend a Temporary Protective Order hearing to extend the length and scope of protection contained in the Interim Protective Order. If the other side has not received a copy i.
Read the Law: Md. Normal business hours for Court are Monday through Friday, between a. The abuser does not have to go to court with you. Instead, take a seat in the assigned courtroom and wait for your case to be called because you already have a scheduled hearing. It is important to list every example of physical abuse and threats; the history of abuse; and the relief you are seeking. NOTE: Unlike many other pleadings one might file, a petition for protection, along with a protective order addendum form, is all that you need to start this case.
There is no filing fee. The only documentation that is required to apply for a Protective Order is your identification. Other documentation may be helpful but is not required. Consider bringing any relevant police reports, medical reports, photographs, copies of harassing texts or emails, or other evidence you think may be helpful to your case. An interim order is issued when the person applying for the Peace Order files it when the court house is closed.
This usually occurs on weekends, holidays, or after pm on weekdays. When you first file for a Protective Order, if your petition is granted, you will get a Temporary Protective Order. This Order becomes effective once it is served on the respondent opposing party and is valid until the final hearing is held usually within 7 days. A final hearing will be scheduled 7 days from the issuance of the Temporary Protective Order.
Both parties have a right to be present at the final hearing, and they also may have attorneys with them. If the judge finds by clear and convincing evidence that the respondent committed assault or other acts, made threats, stalked, or harassed the petitioner, then a final order is issued.
Once the temporary order is issued, the court gives it to local law enforcement to be served on the respondent. The order becomes effective once it is served, and it prohibits the respondent from contacting the petitioner. A final Protective Order generally lasts up to one year, although it can last longer under some. You can make appointments by contacting us online or by calling our main office at Appointments can usually be scheduled within the week. We use cookies and other tracking methods to alert visitors to information, make sure that our website works correctly and that you have the best experience possible.
Protective Order FAQs. Table of Contents What is a Restraining Order? What is the difference between a Protective Order and a Peace Order?
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