Types of Maryland Protective Orders
Domestic violence cases can be emotionally taxing for both parties. Sometimes creating distance between the alleged victim and their abuser, is one way of alleviating the stress that comes from such a situation. In some instances, the individual will request a protective order that prevents the accused from approaching them for a set period of time. Doing so can ensure the safety of both parties and, relieve the stress that may come from interactions between both parties. However, not following the terms of a protective order can have negative consequences for both the accused and the victim. If you have any questions about protective orders, do not hesitate to contact an attorney that is knowledgeable about Maryland protective order policies.
Ex Parte Orders
An ex parte order is a peace or protective order. Ex parte is an old term that has stuck around. It is important to make sure that individuals are following and not violating protective orders. Certain types of Maryland protective orders count as a misdemeanor and carry a penalty of 90 days in jail for a first offense and a $1,000 fine. If a person is a repeat offender, it goes up to a year and $2,500, and then it continues to rise. It is a harsh penalty and if it is a protective order where there is a child in common, it is presumed that parties are going through a divorce or have a contentious relationship. There are times where people make accusations that are outrageous but the evidence for the standard here is low.
Length of Protective Orders
All types of Maryland protective orders are good for one full year. However, if someone shows that there is a good cause to extend the order in order to protect them, then the order can be extended. Something that would constitute good cause would be a criminal conviction or, the defendant violating the protective order. In these instances, the protective order can be extended. In order to do so, the party that sought the order would have to petition the court and they would have to appear for a hearing.
Impact of a Protective Order on a Case
In theory, it should not impact the case, because there is a civil order that has been enacted and they consent to it because a person cannot make statements or they do not fight it all. Furthermore, just because certain types of Maryland protective orders are in place does not mean that there was a criminal activity that was involved. Protective orders are hearings just like all others but the evidentiary standard is exceptionally low.
The preponderance of evidence is the complete opposite side of the spectrum when talking about criminal matters that are beyond a reasonable doubt. A judge can say it is reasonable and it is possible, but reasonable and possible has nothing to do with the criminal. An extension of a temporary order does not impact the individual’s criminal case. A peace or protective order should not impact the criminal course. A competent defense attorney will not allow their client to testify, so the peace order should have no impact.
Value of a Lawyer
These are important things to look at and deal with on a day to day basis. They should not be ignored. Although an individual may believe that the order is not important and that they do not need to show up to the hearing, they should. Regardless of the circumstance, the person should care because that protective order will go on their record.
If the person is charged with a criminal offense, it binds the hands of that person’s attorney. Lawyers, generally, do not want a person testifying at a civil order hearing when there is a criminal charge is pending.They will take the transcript on the state’s attorney, look for admissions, look for questions that they answered and hold it against the defendant if they are under oath. If there are criminal charges pending, a person will want a lawyer to represent them on all sides. Contact a dedicated attorney that will be familiar with different types of Maryland protective orders and can give you the representation you deserve.