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Domestic Violence:
Obtaining
Immediate Protection during Evenings,
Nights, and Weekends
There is a three step process that you must follow to get a protection order
against your abuser. You can do this yourself.
But you
should contact your local domestic
violence agency for advice and counseling and possibly legal
representation. The following is a step-by-step guide to help you with this
process.
Obtaining Immediate Protection: When
the Courts are closed.
Step 1:
Fill out the form at the office of the
District Court Commissioner in your county.
You can contact a
Commissioner's office at any hour. You
will be asked to fill out forms.
List every example of physical abuse and threats.
Even abuse that happened in the past should be included.
You should be as specific as possible when completing this
form. If needed, you can
write on an additional sheet of paper and attach the paper
to the form.
Step 2:
You will see a Commissioner. (An appointment will not be necessary.)
You should tell the Commissioner in detail about what the abuser did to you. If
you have proof of the abuse (pictures, police reports, medical records,
witnesses, etc...), you should tell the Commissioner at this time. If you do not
feel safe telling the Commissioner where you are staying, you can provide a mailing
address that does not place you at further risk.
Step 3:
The protection may include (If
you are eligible for the order),
any (or all) of the following:
-
Order the
abuser to stop abusing you.
-
Order the abuser to stay away
from you and to not try to contact you or harass you at your home, school,
job, the place where you may be staying, from your children’s school(s),
and from your family members’ homes.
-
Order the
abuser to stay out of your house.
-
If you are married to the
abuser AND you were living with your abuser at the time of the abuse, the
court can order him to leave the home where the two of you live.
-
If you are
not married to the abuser, but were living with him at
the time of the abuse AND your name is on the lease or
deed for the house the court can order him to leave the
home.
-
If you are not married to the abuser
and you lived with the abuser for at least ninety
(90) days within the past year, the court can order him
to leave the house.
-
Order that
you be given temporary custody of any children that you
have with the abuser.
Step 4:
You may be eligible for an Interim Order. The
Commissioner will review the form and may issue an "Interim
Order." This order will:
-
state the
day, time and location of another hearing for a Temporary
Protective Order;
-
state the
day, time and location of a final hearing for a Final
Protective Order;
expire at
the end of the second business day or at the Temporary
Protective Order Hearing.
The Order
will be served by the police. "served" means that the police
will give a copy to the person you filed against.
Step 5:
You must attend another hearing that will be held
within a few days. After the
first hearing with the Commissioner, the police will try to locate the
abuser and give him/her a copy of the order. The
Order notifies the abuser when and where to appear
for the second Temporary Order hearing.
The abuser gets a copy of your petition.
If the other side has not received a copy (been served), you
will need to re-file. You can use the same petition.
The Temporary Order Hearing is the first hearing before a
judge. If the victim does not attend the hearing, the case
will be dismissed. If the abuser does not appear, the
judge can go ahead.
If you both agree, the judge can skip the Temporary
Protective Order hearing and hold to the Final Protective
Order hearing instead.
Step 6:
As soon as you get the Temporary
Order, you
should contact the domestic violence agency
in your area for further assistance. If possible, you should also do the
following:
-
Take
pictures of any visible bruises.
-
Get copies
of any police reports.
-
If anyone
else saw the abuse, talk to them about going back to
court with you.
-
Talk to the
police about filing criminal charges if you have not
already done so.
-
If you are
seeking financial relief, get copies of your most recent
pay stub and any income information about the abuser you
can.
-
A
checklist for
Preparing for a Final Protective Order Hearing. A
Final Protective Order hearing will be scheduled within
7 days.
Obtaining Long Term Protection:
The
Final Order Hearing
At the
Final
Protection Order hearing, you and the abuser will likely be present.
They may or may not have a lawyer.
(If the abuser has been given a copy of the temporary
order but chooses not to appear, you should ask the judge to enter the
protection order against him anyway.
This is called a Default Order.)
You and the
abuser will each have a chance to tell the judge what
happened. (The
judge may, or may not,
be the same judge as the one at
the first hearing.)
You should repeat what you told the judge the week
before. The judge will also allow you to present any
evidence that you have brought to court with you.
If you are afraid of the
abuser or if he has attempted to contact you within the past week, you
should let the judge know. Do not be surprised or upset if the abuser lies
about what happened.
The judge will decide whether or
not the abuse occurred.
What the
Judge Can Order
If the judge finds that the
abuse did occur, he or she may order one or all of the following for up to
one year:
-
-Order the abuser to stop
abusing you.
-
-Order the abuser to stay away
from you and to not try to contact you or harass you.
-
-Order the abuser to stay out
of your house.
-
-If you are married to the
abuser AND you were living with your abuser at the time of the abuse, the
court can order him to leave the home where the two of you live for up to
one year.
-
-If you are not married to the
abuser, but were living with him at the time of the abuse AND your name is
on the lease or deed for the house OR you lived with the abuser for at
least ninety (90) days within the past year, the court can order him to
leave the home for up to one year.
-
-Order the abuser to stay away
from your job, your school, the place where you may be staying, from your
children’s school(s), and from your family members’ homes.
-
-Order that you be given
temporary custody of any children that you have with the abuser for up to
one year.
-
-Order visitation between the
abuser and the children unless your safety or the safety of the children
is at risk (if you believe that it is, you should let the judge know).
-
-If you are married, order the
abuser to pay money to help support you during the order.
-
-If you have children with the
abuser, order the abuser to pay support for the children.
-
-If you own a car with the
abuser, the court may order that you have sole use of the car for the
period of the order (you must tell the judge that the car is necessary in
order to get you to work or to transport a child).
-
-Order the abuser or you to
participate in a counseling program.
-
-Order the abuser to surrender
firearms.
You and the abuser will each
receive a copy of the protection order. You should keep a copy of the order
with you at all times.
If the
abuser continues to harass you or contacts you, you should call the police
immediately! If your abuser does not follow the order, he may be
found guilty of a misdemeanor and be subjected to a fine of up to $500 or a
jail sentence of up to ninety (90) days.
What to do if the Protective Order is Violated
Last date of legal
review 8/13/03 (MLAN/AC)
Source:
This material is also drawn from
the collective material of the Maryland Domestic Violence
providers, including the House of Ruth. Edited and updated by Maryland Legal Assistance Network (MLAN)-
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