Domestic Violence: Frequently Asked Questions

Calling the Police

• What police protection can I expect?
• Will the police accompany me to my possessions?
• Can I bring criminal charges also?

Protective Orders in General

• Who is eligible for protection?
• Do I need a lawyer?
• Do I need to pay a fee?
• What happens if the accused abuser is not served with the Interim Order or the Temporary Order?

Interim (Emergency) Orders

Interim orders are issued when courts are closed. You can get legal protection from domestic violence 24 hours a day - 7 days per week.

• Where do I go?
• What do I need to prove? 
• When will I have to go to court?
• How long will this protection last?
• Can temporary custody be awarded?
• What protections can I get?
• What if the other person tries to file for protection also?
• What happens next?

Temporary and Final Orders

• How do I find out if the abuser was told about the Temporary Order Hearing?
• Do I need witnesses to the abuse in order to file for a Temporary Protective Order?
• How long does the Temporary Order last?
• Can temporary custody be awarded?
• Can I proceed without a lawyer?
• Where do I go to get a Temporary Order?
• Can temporary custody be awarded in a Protection Order?
• Can child support be awarded in a Protection Order?
• Do I have to file another Temporary Order if the abuser violates the Protection Order?
• How does the judge decide whether to order my abuser to vacate the home?
• Can I get money relief at the Protective Order Hearing?

CALLING THE POLICE

What police protection can I expect?
The police must respond to domestic disturbance calls in the same manner that they respond to all other calls for assistance.  Police may arrest an individual if the officer has an arrest warrant.  Police may arrest on the scene without a warrant if a crime is committed or attempted in the presence of an officer.  Police may arrest on the scene if the crime was not committed in their presence if a weapon was used and/or great bodily harm resulted.

Will the police accompany me to my possessions?
The police are required by law to accompany the battered woman back to the family home to retrieve clothes and personal belongings for the immediate use of her and her children.  Use of this law is technically limited to married women, but it is routinely extended to unmarried women.  Police usually cooperate with this law, but the officer’s attitude may vary.

Can I bring criminal charges also?
Any battered woman can bring criminal charges against her assailant.  To do so you must obtain a police report number and request a court commissioner to issue either a warrant or a summons for your violent partner.  The most common outcome of criminal charges is either probation or probations before judgment.  Batterers are rarely incarcerated.  This generally occurs when they have an extensive violent criminal record.

PROTECTIVE ORDERS IN GENERAL

Persons eligible for relief are:

• the current or former spouse of the respondent (that is, the alleged abuser);
• a cohabitant (someone who lives with 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.

 If a child is being abused in the home, the following persons can ask the court for protection for the child:

• a blood relative of the child,
• an adoptive parent,
• a State's Attorney, or 
• the Department of Social Services in the county where the child lives.

Do I need a Lawyer?

No. You can go ahead without a lawyer. However, many domestic violence shelters can help you locate an attorney to help you for free at later hearings.  

Do I Need to Pay a Fee?

No- there is no fee for filing the petition for the protective order. There is no fee to serve a copy of the protective order on the other side. There may be fees for certain types of peace orders.  

What happens if the accused abuser is not served with the Interim Order or the Temporary Order?
If the police are unable to serve the accused abuser with the order and he does not appear for the Protective Order hearing, the Court may continue the Temporary Order for up to 30 days to allow the police to have more time to serve the Respondent

INTERIM (EMERGENCY) ORDERS

Where do I do to get an Interim Protective Order?  
The District Court Commissioners are available 24 hours a day, 7 days a week in Maryland.  You can go to an on-duty Commissioner’s office or telephone an on-call Commissioner.  Telephone numbers and locations of all District Court Commissioners are listed on the Court's website. You will be directed to the "on duty" Commissioner.

What do I need to prove to get an Interim Protective Order?

You must prove that there are “reasonable grounds" to believe that the Respondent (person you are asking for protection from) has abused a "person eligible for relief”.  Abuse and other terms used here are defined in the glossary of legal terms. The Commissioner will consider several types of evidence to decide if there are "reasonable grounds" to give you a protective order.

• Your words are the most important evidence. The Commission will rely on you to describe what happened. Take your time to detail any threats or physical harm that you suffered. See the definition of abuse. Focus on the other person's actions rather than why it happened. Describe how you were hit and what injuries you suffered. Mention any threats or weapons that were used. Include information about your past  injuries that were the result of abuse by this person.
  
  The Commissioner will be much less interested in the personal story, "He hates it when I go over to my sister's because...." The Commissioner will be more interested in what happened, "He grabbed my arms hard enough to leave marks and kept me from leaving the house."
• Police Reports are another important part of what the Commissioner will consider.
• Witnesses to the violence or threats can also help the Commissioner to decide if there are "reasonable grounds" to issue an order. When violence happens at the home, there may not be any witnesses. You can be given protection without the testimony of a witness. But, if there is a witness, let the Commissioner know. If your witness is able to come with you, that will help your case. The person will have to come back to court with you.
• Physical evidence, such as pictures, can also help to prove your case. Ask a friend to take a picture of any cuts, bruises, or physical damage at the house. Ask the person to put their name, and the date that the picture was taken on the back of the picture. Hospital staff will routinely document any injuries. So it is important to go for both the treatment and to help to support your case. You should also take any medical reports to later hearings. Any domestic violence shelter can help you to gather evidence as well as provide protection, counseling and other help. Since bruises do not show immediately, you may want to take pictures over the next couple of days.
  
  Depending on what happened, physical evidence can also include pictures of damaged walls, rooms or cars. It can also include torn or blood stained clothing. The police are likely to confiscate any weapons. Police reports will be part of the evidence.
• Financial information, such as rent receipts, pay stubs etc.. You will need to include financial information about yourself if you are going to ask for temporary support for yourself. This is called "emergency family maintenance."

When Will I have to go to Court?

If you receive an Interim Order from a District Court Commissioner, your court date will be scheduled within 48 hours after the courts reopen. There will be two court hearings. The Interim Protective Order issued by the Commissioner will state the time, date, and place where the court hearing before a judge called a "Temporary" Protective Order (TPO) will be held. Md. Fam. Law Code Ann. §4-504.1(d)(1)(i). The Order will also set a tentative date for the second hearing for a Final Protective Order.

Find out more about the step-by-step process you will go through at each of the hearings.

How Long Will this Protection Last?

The protection of the Interim Protective Order will last until one of the following happens (whichever occurs first):

• The end of the second business day after the Interim Order was issued, or
• The day that you appear in District Court for your Temporary Protective Order (TPO) (formerly known as an Ex-parte Order) hearing.

Can Temporary Custody be Awarded?

Yes, but custody will only be awarded for the time period of the Interim Protective Order.

What Protections Will an Interim Protective Order Give Me?

At this stage the Commissioner can order certain types of "relief". Relief is the type of help and other protection that a court can order.

The Commissioner may order the accused abuser (respondent) to do any of the following:

• Stop abusing or threatening the victim;
• Not to contact or try to contact the victim;
• Not to enter the victim's home;
• To leave the home if they are living together;
• Stay away from the victims place of employment;
• Stay away from any family member of the victim;
• Give temporary custody of any minor child living in the home to the victim;
• Leave the residence of the victim, or

Give temporary use and possession of the home to the victim (This can only be ordered if the victim is a spouse, or has lived in the home for 90 days out of the last year.)

The Order may also award temporary custody of a child to the person seeking the order. (Md. Fam. Law Code Ann. §4-504.1 (c)(1-5, 7-8))

What if the Other Person Tries to File for Emergency Protection Also?

If both of you fit into the categories described as "persons eligible for relief (PERF)," the Commissioner must issue an Interim Protective Order to both of you

Because this is an emergency action, the order will last only a short time until a judge can hear your case. The judge may make a different decision. S/he is not required to follow the Commissioner's decision.

What Happens Next?
The Interim Protective Order will set the time for a hearing before a judge (24-48 hours after the courts reopen). This second hearing is called a "Temporary Protective Order" hearing.

The other side gets a copy- A copy of the Interim Protective Order must be personally served on the respondent  by a law enforcement officer. After the Commissioner issues the order, s/he will immediately send a copy of the Order to the appropriate law enforcement office. The law enforcement officer will give ("serve") a copy of the order to the other side. The Commissioner should tell you which law enforcement agency to contact, so you can find out if the other side was served (given a copy).

The Court files on your case will be sent over to the District Court judge.

You must appear at a second hearing, the Temporary Protective Order (TPO) hearing. If you don't show up, your case will be dismissed and the Interim Protective Order will end.

• If the other side has not been served (given a copy), you will need to reapply for a Temporary Protective Order (TPO).
• If the other side has been served and does not show up, the judge will issue a Temporary Protective Order (TPO) if s/he believes that there are "reasonable grounds" to believe that you have been abused.
• If the other side comes to the hearing, the judge will have two choices.
• If you both agree, the judge can go ahead with the Final Protective Order hearing.
• If you and the other side do not agree to waive (skip) the Temporary Protective Order (TPO) hearing, the court will make a decision about continuing protection and schedule the time for a Final Protective Order (within seven days).

Within 7 days, the court will set a second hearing for the Final Protective Order. The Final Protective Order can last up to a year. Take a look at this checklist for Preparing for the Final Protective Order.

TEMPORARY AND FINAL ORDERS

How do I find out if the abuser was told about the Temporary Order Hearing?
A date for the Temporary Order hearing will be set at the time of the Interim Order and will be set forth in the order. The order is not effective until it is served on the abuser.  You can find out whether the abuser has been served by calling the police district in which the abuser resides.

The Protection Order hearing gives both you and the batterer the opportunity to be heard on the question as to whether the court should issue a Protection Order. The standard of proof is "clear and convincing evidence that the abuse occurred." You should bring any evidence you have available with you to the hearing, including: pictures, medical reports, police reports, witnesses and objects used to abuse you. 

If the abuser has been served, but fails to attend the hearing, you may argue that you are entitled to the order by default judgment. If the abuser is not served, the ex parte order can be extended up to 30 days. 

Do I need witnesses to the abuse in order to file for a Temporary Protective Order?
No, although if there are any witnesses to the abuse, they should be present and willing to testify at the Protection Order hearing. In addition, if you have visible bruises, pictures should be taken of the bruises. The person taking the pictures should sign and date them on the back.

How long does the Temporary Order last?
The Temporary Order lasts until the date of the final Protection Order hearing.

Can temporary custody be awarded?
Yes, temporary custody may be awarded to the victim.

Can I proceed without a lawyer?
Yes, in fact, many petitioners get Temporary and Final Protection Orders without being represented by an attorney. However, many domestic violence shelters offer free legal help. Working with an attorney.

Where do I go to get a Temporary Order?
You should go to the Clerk's Office at the District Court in your city or county.  You also can choose to go to the Circuit Court in your city or county.

Can temporary custody be awarded in a Protection Order?
Yes, you can be given temporary custody if the children are children you have with the abuser. This award may help you later if you file for regular custody.  However, no custody order can be issued concerning other children in the home.

Can child support be awarded in a Protection Order?
Yes, the Court may order temporary Emergency Family Maintenance. 

Do I have to file another Temporary Order if the abuser violates the Protection Order?
No. If the abuser violates the Protection Order, any victim may file civil contempt proceedings in the Clerk's office The victim may also file criminal charges with the Commissioner if the abuser violates one of the “no contact” provisions in the Order.

How does the judge decide whether to order my abuser to vacate the home?
The judge must consider the following factors:

• the housing needs of any minor child living in the home;
• the duration of the relationship between the abuser and any person eligible for relief;
• the title to the home;
• the status and type of criminal charges against the abuser;
• the history and severity of abuse in the relationship between the abuser and any person eligible for relief;
• the existence of alternative housing for the abuser and any person eligible for relief; and
• the financial resources of the abuser and the person eligible for relief.

Can I get money relief at the Protective Order Hearing?
Yes, you can get financial support.  This type of relief is called “Emergency Family Maintenance”.  This is not child support, but it can be used to help the victim support the family.

What should I be prepared to answer about visitation?

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.  Updated by the Maryland State Law Library (MSLL).