Last Date Edited 12/17/07

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Domestic Violence: What to expect from Court at each step of the process

In Maryland you can obtain an order of protection from either the District or the Circuit Court in your County. Finding the court closest to you.  We recommend that you contact a domestic violence service provider.  Some courthouses have advocates on-site who can assist you.

How Can I Get Protection Under the Law?
There is a two or three-step process that you must follow to get a domestic violence Protection Order against your abuser. You can do this without a lawyer. 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 protect yourself against abuse. (Learn legal terms related to your court case)

Obtaining Immediate Protection: During Court Business Hours

Step 1:  Go to the District Court in your county between 8:30 am and 4:30 pm and tell the clerk that you want to file a protective order. The abuser does not have to go to court with you.

Finding the Courts

Step 2:  The clerk will give you a form to complete. List every instance 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 3:  You will see a Judge.  (An appointment will not be necessary.)  You should tell the Judge 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 Judge at this time. If you do not feel safe telling the Judge where you are staying, you can provide a mailing address that does not place you at further risk.

Step 4:  If you are eligible for the order, the Judge will sign an order that may say 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 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.

  • -Order that you be given temporary custody of any children that you have with the abuser.

Step 5  The Judge will then schedule another hearing that will be held in one (1) week. After the hearing, 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 hearing and what the allegations are.

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.

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. See the section on Going to Court.

What the Judge Can Order
 If the judge finds that the abuse did occur, s/he 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 protective 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 your protective order is violated.

Source: This material is drawn from the collective material of the Maryland Domestic Violence providers, including the House of Ruth. It was edited and updated by Maryland Legal Assistance Network.

Last date of legal review 11/15/03(MLAN/AC)

Is this legal advice? This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  See our section on Finding Legal Help.

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

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