Domestic Violence: What The Legal Terms Mean

Abuse:   Can be any of the following:

• an act that causes serious bodily harm;
• an act that places a person eligible for relief in fear of imminent serious bodily harm;
• assault in any degree;
• rape or sexual offense;
• false Imprisonment; or
• child abuse or vulnerable adult abuse.

Advocacy and Case Management (Advocacy): This term indicates that there will be a person assisting you with your individual case. This person may or may not be an attorney or a licensed therapist; this person may be a volunteer.

Batterer's Program (Abuse Intervention Program): This term does NOT indicate that the person who hurt you will be in the same program or will receive treatment in the same Center or Facility. This type of program is designed to promote victim safety by holding batterers accountable for their behavior on order to eliminate violent and coercive acts against an intimate partner. These programs try to educate batterers and give them skills to help both cope and manage their anger.

Cohabitant:    A person who has had sexual relations with the respondent at any time and lived with the respondent for at least ninety (90) days within the past year.  The ninety (90) days do not have to be consecutive.  Spending the night with the respondent at least ninety (90) times in the past year also qualifies you as a cohabitant (that is, 90 days in a row).

Community Education/Outreach/Professional Education: Programs out in the community that attempt to change societal attitudes about domestic violence through presentations and/or speakers. Centers often reach out to the communities where they are located in order to promote understanding and knowledge about domestic violence and sexual assault.

Court Accompaniment: This term indicates that a person will accompany you to court for proceedings that relate to your case (i.e. protective order hearing). This person may or may not be a lawyer.

Direct Representation: This term indicates that you will have an attorney working for you on your individual case.

Emergency Family Maintenance:    A monetary award that the Judge can order  when the respondent has a duty to support his/her spouse or child (ren). The award will last for the duration of the Protective Order. When the Protective Order ends, the emergency Family Maintenance will end as well.

Family Law: This term refers to the legal issues other than ex parte or protective order hearings. Family law cases consist of divorce, legal separation, child custody, and child support, and related issues.

Final Protective Order (FPO):   Official decision issued by the Court after a hearing regarding the alleged abuse. Protective Orders may be awarded with the consent of the respondent or after a hearing.  Protective Orders can be issued for up to one year. The Final Protective Order can require a respondent not to abuse, threaten or contact the petitioner.  These orders also can also cover custody, visitation, emergency family maintenance, use and possession of a home and/or vehicle, counseling, and surrender of firearms. See our table comparing the three types of protective orders.

Interim Protective Order (IPO):  A special order that provides emergency domestic violence protection during hours when the courts are closed. The order last up to 48 hours until the courts reopen. You must appear in district court for a Temporary Protective Order to extend the protection. The order can be issued by the District Court Commissioner at night and during weekends. See "relief" for what can be included in the orders. Chart showing the possible types of protection in the different stages of a domestic violence case.

Permanent Protective Order After Conviction and Imprisonment: A permanent protective order may issue against an individual that was convicted and served a term of imprisonment of at least five years for specified underlying acts of abuse.  This final protective order is permanent unless terminated at the request of the victim.

Lawyer Referrals: This term indicates that service providers will help victims locate an attorney who has experience representing victims of domestic violence and sexual assault in their community. Many service providers keep a list of attorneys who will work for reduced fees.

Parties: This term refers to people involved in the case:

• the person who starts the case, ( usually the victim);
• the person (s) who are named as involved in the case (usually the person alleged to be the abuser).

Person Eligible for Relief (PEFR):   Under Maryland law any of the following people can be given protection from domestic violence:

• the current or former spouse of the respondent (that is, the alleged abuser);
• a cohabitant of the respondent;
• a person related to the respondent by blood, marriage, or adoption;
• a parent of the respondent;
• a stepparent of the respondent;
• child or step-child of the respondent;
• victim who lives (or lived) with the respondent for at least ninety (90) days within the past year; or
• a vulnerable adult or individual who had a child with the respondent.

Petition for Contempt:    Papers filed with court by either party in which one person alleges (or claims) that the opposing party has not followed with the terms of the Protective Order.  After receiving the Petition, the Court will schedule a hearing to hear argument/testimony about the alleged violation of the protective order.

Petition for Protection:    The request to the court in the protective order process.  The Petition for Protection outlines why the Petitioner fears for her/his safety and indicates the type of relief s/he is asking the Court to order.  After filing a Petition, the petitioner will immediately go before a Judge for a Temporary Protective Order hearing.

Petition to Modify:  A request to the court that can be filed by either party when they want to change any part of the Protective Order.  The Court will schedule a hearing to hear arguments/testimony about your reason for requesting a modification to the current Order.

Petitioner:    The person requesting the court's help (typically, the alleged victim of abuse). The petitioner is not necessarily the same person as the person eligible for relief. The petitioner can also be any blood relative of a household member. Family Law section 4-501.

POARP: Protective Order Advocacy and Representation Project: representing and acting as advocates for survivors of domestic violence whom are seeking protection from their abusers. This project is performed through a partnership of the House of Ruth and the Women’s Law Center.

Relief : "Relief" refers to the types of help that the judge or the District Court Commissioner are allowed by law order. Chart showing the possible types of protection in the different stages of a domestic violence case.

Respondent:  The person against whom a petition is filed. In a domestic violence case this is the legal term used to refer to the person who is alleged to be the abuser

Service:    Before a petitioner can have a Protection Order hearing, the respondent must be served (officially given) a copy of the petition by a law enforcement officer.  If the respondent is not served, the Protective Order hearing will be rescheduled, typically the following week.

Sliding Scale: This term indicates that the fee you will be charged is based on the income you have available to you. Service providers will not charge victims and their families more than the families can afford. Most service providers will allow victims to have all services whether or not the victims are covered by insurance.

Temporary Protective Order (TPO): As a result of a hearing before a Judge, a special order is issued that provides protection from domestic violence. If the petitioner files for protection during the court's business hours, the TPO offers protection temporally until a Final Protective Order hearing can be scheduled and held:

• If an Interim Protective Order (IPO) was issued first, the TPO hearing is held within 24- 48 hours after the courts reopen.
• Chart showing the possible types of protection in the different stages of a domestic violence case.

Transitional Housing: Usually, furnished apartments that give residents the opportunity for independent living while they continue to access other resources (i.e. job training or family counseling). 

Use and Possession of a Vehicle:  This term refers to the ability of the court to order that the petitioner can have temporary use and possession of a vehicle or house even though it is titled to both the petitioner and the respondent. To be given temporary use of the vehicle you must show that the vehicle is needed for employment and/or care of the minor child/children that you have with the respondent.

Vacate (An order to):    A court order which requires the respondent to leave the home that the parties have shared.  Abuse must have occurred while the parties were living together.  The petitioner must also be listed on the deed or lease OR must have resided in the home for at least ninety (90) days in the past year.

Vulnerable Adult:    Adults over the age of 18 who are unable to protect themselves, provide for their own daily needs, or get help when they are physically or emotionally abused. Such an individual may be vulnerable because of a physical or mental condition, as well as an increased physical weakness due to advanced age. MD Family § 14-101(q).

Last date of legal review 3/25/08 (PLL/M.A.J.)

Source: Maryland Legal Assistance Network (MLAN) with the additional material from the materials," Domestic Violence Protective Orders Available 24/7" prepared by Dorothy Lennig-House of Ruth Legal Clinic