You may have received a temporary peace order or a temporary protective order from the local police. This means that someone filed for a restraining order against you, and a temporary peace order or temporary protective order was issued without hearing your side of the case. This can cause great injustice in between the time that the temporary peace order or temporary protective order is granted, and the final hearing. As your lawyer, I can both modify the terms of the temporary order, and defend you at the final peace order hearing so that no order is entered.
In a Maryland peace order or protective order case, the person that filed the order asked the court to order you to stay away and/or not to contact them. In protective order cases, but not peace order cases, they may also ask the court to grant them control of a child, a pet, a car, or a home.
These cases can have significant consequences and need to be handled within short time periods. It is it very important to contact a good lawyer immediately. I can be reached at (301) 556‑8709. Call today so that I can start protecting your freedom and your reputation right away.
Duration of a Temporary Peace Order or Protective Order
A temporary order lasts only until a final peace order or protective order hearing can be held, which will usually be about a week from the date of the issuance of the temporary order, but may be longer in some cases. Temporary peace orders can only be issued for a maximum of 30 days, even if multiple court dates are set within that period, but a temporary protective order can last for a much longer time. The final peace order or protective order hearing decides whether a longer term order is entered, and is also the hearing that decides whether and how long the order will stay publicly accessible on your record. If a case is dismissed at the end of the temporary peace order or temporary protective order stage, I can shield it immediately so that it does not appear on your record online.
Stages of a Peace Order or Protective Order Case
A peace order or protective order case proceeds in as many as three stages before a longer term final order can be issued. In order, these three stages are interim, temporary and final.
Interim Peace Order and Interim Protective Order Issuance
Peace and protective order proceedings have as many as three different stages. The first, which occurs if the courts are closed when the order is filed, and only lasts a few days, is the Interim Peace Order or Interim Protective Order. This order is issued by a court commissioner, rather than a judge, and is based upon a written application rather than in court testimony or evidence. The person that the order is filed against is not heard or notified before an interim peace order or interim protective order is granted.
Temporary Peace Order and Temporary Protective Order Hearings
The second phase, or the first if the court is open, is a temporary hearing to determine whether there are reasonable grounds to show that an order should be issued. In practice, this is an extremely low standard. The standard is lower than it is at a final hearing, and evidence cannot be offered by the person that the order is filed against, though there is still a lot that I can do at these hearings to represent you. If a temporary peace order or protective order is issued, a final hearing is set for the near future where both parties have an opportunity to present evidence.
Final Peace Order and Final Protective Order Hearings
A final peace order hearing or final protective order hearing is the only time when the respondent has a full chance to be heard, and to have their lawyer present evidence and witnesses on their behalf. The standard of proof is higher than it is at a temporary hearing, but is still fairly low. The standard is a preponderance of evidence, which means that the judge only has to be 51% sure that the person that filed the order has proved their case. Preponderance is a low standard, making it important to put your best foot forward at these hearings.
Shielding Public Records of a Peace Order or Protective Order
After the case is over, if certain criteria are met, I can remove your peace or protective order from public view on the Internet in order to protect your reputation. During the case I can help ensure that your order is resolved in a way that meets these criteria so that you will be able to shield it after the case is over. I can also often shield old peace order and protective order cases that you may have been involved in previously.
Other Hearings in Peace Order and Protective Order Cases
Sometimes there are more hearings afterward if a final peace order or final protective order is issued. A party may ask for modification of the order. If there is an allegation that an order has been violated, there also could also be a hearing for contempt, which can lead to a jail sentence. I can help you at any stage of these proceedings.
These cases are often complicated, and can have serious consequences, but I can usually resolve them in your favor. Tell me your story. Call me at (301) 556‑8709 today.