What is a Restraining Order?

Welcome to Alpert Schreyer, LLC’s comprehensive guide on restraining orders. As a leading law firm in Maryland, we understand the complexities and sensitivities surrounding the topic of restraining orders. This extensive post will provide you with everything you need to know about restraining orders, including their types and the legal implications involved.

A restraining order, also known as a protective order in Maryland, is a legal document issued by a court to protect individuals from being harmed or harassed by another person. It is a preventive measure, used commonly in situations involving domestic violence, stalking, harassment, or sexual assault.

With criminal charges starting at age 18 and I’m now 45 I recently got a subsequent charge. Working hard at family and work life over the years this would have ruined it all. Stressed to the max I searched for the person who could do what others couldn’t. They structured a plan for me and I walked today from court. Being no stranger to the courtroom he was more than impressive, he owned it. Be honest with him, do what he says and you will no doubt be in the best possible position you could be in when you walk in with him. From the bottom of heart I thank you and your team for all that you did!”

- Ryan W.

In Maryland, there are several types of restraining orders, each designed to address specific situations. Temporary Protective Orders (TPO) are issued immediately without the presence of the alleged abuser, providing short-term protection, usually lasting up to 7 days, until a full court hearing can occur. Final Protective Orders (FPO) are granted after a court hearing where both parties have the opportunity to present their case. These orders can last up to one year and can be extended under certain circumstances. For individuals who do not qualify for a protective order because they do not have an intimate or familial relationship with the alleged abuser, peace orders can be sought.

If someone files a restraining order against you, it’s crucial to take it seriously. Understanding the order is the first step; carefully read it to understand the restrictions imposed and the reasons behind it. Seeking legal advice is paramount, and contacting a lawyer experienced in family law is essential to discuss your options and prepare for the hearing. Gathering evidence is another critical step; collect any evidence that supports your side of the story, including messages, emails, or witness statements. Finally, attending the hearing is crucial to present your case, following legal advice and court rules.

At Alpert Schreyer, LLC, we understand the crucial role that restraining orders play within Maryland’s legal framework, serving as a vital mechanism to protect individuals from harm. The journey of contesting, or complying with a restraining order is a multifaceted process, enveloped in both legal and emotional complexities. Our experienced legal team is dedicated to navigating these intricacies, ensuring that our clients are not only represented legally but also supported through the emotional upheaval that such proceedings often entail.

Andrew D. Alpert

Founding Partner

Michael J. Schreyer

Founding Partner

Michael Berman

Attorney

Jason Miller

Attorney

Restraining orders, while a legal instrument, carry with them a significant emotional burden for the parties involved. The stress, fear, and anxiety that accompany these proceedings can be overwhelming, making the management of these emotions paramount to the success of the legal process. Recognizing this, Alpert Schreyer, LLC provides not just legal guidance but also emotional support, extending referrals to counseling services when necessary to ensure our clients make informed and balanced legal decisions.

If you’ve violated a restraining order, you’re entering a realm of legal complexity with potential for serious ramifications. At Alpert Schreyer, LLC, we grasp the severity of your situation and are poised to deliver the necessary legal support. Immediate legal representation is paramount in the wake of a restraining order violation. Our seasoned attorneys are on hand to offer counsel, devise a bespoke defense strategy, and navigate the intricacies of your case from the moment you’re aware of the violation or upon arrest.

Verdicts & Settlements

DUI

All Charges Dropped

Found in his parked car with a friend and some open bottles, our client was facing a fourth DUI offense, along with 3 years of prison time and 2 more for probation violation. We didn’t back down in court, and the state dropped all charges after a short recess. Our client did not receive jail time, points, or probation – and he only paid a $50 fine.

DUI

Probationary Deal on a Second Offense

Our client had a .18 BAC in a notoriously heavy-handed jurisdiction, Harford County, where people can easily do 60 days active time on a second offense. Our firm negotiated a plea deal for our client that achieved no conviction, no points, and no jail. The Judge was incredibly impressed with the mitigation package we presented on behalf of client, who was very pleased with the results.

DUI

No Jail Sentence

Our firm secured a no-jail sentence for our client from a very tough Judge in Frederick County. Our client blew a .20 on a third offense, and the prosecutor was asking for active jail time. The Judge said the mitigation package we devised for the client made all the difference and led him to ignore the prosecutor’s jail recommendation in favor of just probation.

DUI

Charge Reduced

One of our DUI clients was facing up to 1 year in jail if convicted, plus $1000 in fines, 12 points on her driving record, and 3 years of supervised probation. By negotiating with the prosecution, we were able to secure a much better result. Our client did not receive a conviction, points, or jail time – instead, she paid only a few hundred dollars and received 1 year of unsupervised probation.

DUI

Not Guilty

After his fifth DUI charge, our client was facing up to 3 years in prison for a conviction. By showing that the field sobriety test result was affected by the client’s disability, our defense attorneys were able to secure a “not guilty” verdict on all counts, after the jury deliberated for only 12 minutes.

DUI

Probationary Deal on 6th Offense

After being arrested for their sixth DUI, our client faced 3 years in jail, up to $3,000 in fines, and a system inclined to award maximum penalties to repeat offenders. Our team managed to secure a probationary deal with no jail time for this client.

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Our approach begins with a meticulous evaluation of the incident, examining the restraining order’s terms and the specifics of the alleged breach. We meticulously gather and scrutinize evidence, which might include communications and location data, to fortify your defense. Crafting a robust defense may involve proving the violation was unintentional or accidental, or that the evidence against you is insufficient to demonstrate a willful breach. In certain scenarios, we may argue that the violation occurred under extenuating circumstances that merit special consideration, such as in emergencies.

Negotiation plays a crucial role in our strategy, with our attorneys engaging prosecutors to potentially mitigate the charges or argue for their dismissal, based on the gathered evidence and specific case details. Should your case proceed to court, you can count on Alpert Schreyer, LLC for vigorous representation, where we will present your defense, challenge opposing testimonies, and advocate for the most favorable outcome.

Understanding that a restraining order violation may be symptomatic of broader issues, such as misunderstandings or conflicts, we also aim to address these root causes. By facilitating access to counseling or mediation, we not only aid in resolving these issues but also demonstrate to the court your commitment to rectifying the situation’s core drivers.

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Navigating the aftermath of a restraining order violation is a multifaceted legal and personal challenge. Alpert Schreyer, LLC is dedicated to offering sustained support and guidance, ensuring you’re well-informed and robustly defended throughout the legal journey. Recognizing the profound implications of restraining order violations, we are committed to delivering a strong defense and comprehensive support, leveraging our extensive experience in criminal defense and restraining order cases. Facing the legal system can be daunting, but with Alpert Schreyer, LLC, you’re not alone. We stand ready to defend your rights and work towards a favorable resolution.