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Last
Date Edited
12/17/07
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.

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:
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© Maryland State Law Library, 2007.
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