Domestic violence is a serious problem that can harm families. Because the abuse often takes place behind closed doors, it can be harder for police to know precisely what has happened. Sometimes, the only avenue of relief is for people who are in fear to seek a protective order, also known as a restraining order.

If you believe that you are in need of protection from someone, a skilled Frederick restraining order lawyer could meet with you to help you understand how to seek an appropriate order. Our compassionate domestic violence attorneys can help you through this challenging time.

What Are Protective/Restraining Orders?

A court issues a protective order to safeguard someone against abuse, threats of imminent serious bodily harm, false imprisonment, rape, or harassment. A restraining order prohibits another person from contacting you or being near you. A judge can set a specific distance that the other person must maintain from you. The Court offers harmed individuals two different types of restraining orders: protective orders and peace orders. The appropriate order depends on the type of relationship between the parties.

Protective Orders

As stated in Maryland Code, Family Law § 4-501, a protective order is applicable when the person seeking legal protection has a domestic relationship with the other party, such as the following:

  • A current or ex-spouse
  • A cohabitant, which means someone who had a sexual relationship with the other party and lived with them for at least 90 days in the last year
  • A relative, including a child, nephew, niece, sibling, or in-law
  • A parent or child of the other party who has lived with the other party for at least 90 days during the current year
  • A vulnerable adult, which means someone with physical or mental disabilities
  • Someone who has a child with the other party
  • Someone who has had a sexual relationship with the other party within a year of seeking protection

Peace Orders

If an individual believes that someone is threatening, harassing, or stalking them, they can request a peace order if they are not in a domestic relationship with that party. Non-domestic relationships could include coworkers, neighbors, acquaintances, or even strangers.

If you request a protective order, you cannot also seek a peace order against the same person. Our Frederick attorneys could help you understand whether to pursue a protective order or a peace order.

How Do You File a Restraining Order?

If you believe that you need protection from another person, you should speak with a knowledgeable Frederick lawyer who can help guide you through the legal process of obtaining a formal restraining order.

As an initial step, you should gather as much evidence as you can to prove that you are in reasonable fear of the other person. For instance, you should try to assemble the following:

  • Medical proof of any physical injuries, such as medical reports linking your injuries to reported abuse and pictures of cuts, bruises, and other harm
  • Police reports related to any incidents of abuse
  • Statements from witnesses to the abuse who might be willing to testify on your behalf

Our legal team can also help you regarding the process for filing formal criminal charges.

If you request a restraining order during business hours, you would normally be granted a temporary protective order. If a court is not open, such as on a weekend or at night, you would need to file for an interim protective order with the District Court Commissioner in your County. After obtaining an initial order, you can seek to extend the order of protection for a longer time period.

Our dedicated legal team can stand by your side and help you advocate for yourself and your family in all courtroom hearings relating to the restraining orders.

Contact Our Attorneys in Frederick to Secure a Restraining Order

Restraining orders serve a valuable purpose by protecting individuals from abuse. Contact our experienced Frederick restraining order lawyer for help protecting yourself and your family.

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