Does someone have a restraining order or protective order against you in Lanham, MD? If so, you may feel understandably distressed. A restraining order (also referred to as a protective order in the context of domestic violence) is very serious and can affect your entire life, including where you live, spend time, and your relationship with family and children.
A Lanham restraining order lawyer at Alpert Schreyer Criminal Defense Attorneys can help. We will explain the legal process of fighting an unfair order. Our lawyers have more than 30 years of experience, including helping people understand their rights when they are subject to one.
Restraining order cases move quickly, and time is of the essence. Call our office to schedule a free consultation at (301) 262-7005.
How Alpert Schreyer Criminal Defense Attorneys Can Help You Fight a Restraining Order or Protective Order
Alpert Schreyer Criminal Defense Attorneys will represent you in court at the restraining order or protective order hearing in Lanham, Maryland. We can advocate for your rights and ask the judge not to issue the order. Our team of highly qualified lawyers has earned prestigious recognition for our hard work. This includes being named:
- National Trial Lawyers Top 100
- Maryland Super Lawyers
- America’s Top 100 Attorneys
- Lawyers of Distinction
If you trust us to represent you in a restraining order case, we will:
- Explain the law and restraining order process
- Advocate for you during the restraining order hearing
- Present evidence to the court
- Help you understand the terms of the restraining order or protective order
- Represent you at a restraining order violation hearing
A Restraining order can have a serious impact on your life. Call us to schedule a time for a free consultation with a Lanham domestic violence attorney.
What Is A Restraining Order or Protective Order?
A restraining order is often called a protective order when it is related to domestic violence cases.
A restraining order is a court order that prohibits one person from having contact with another person. It can prohibit certain types of contact or any contact whatsoever. For example, it could prohibit in-person contact between co-parents but allow phone calls to coordinate custody arrangements.
Only people with a domestic relationship who are alleging certain types of abuse can get a protective order. This includes:
- People who are married, divorced, or separated
- Related family members (by blood or marriage)
- People living together in a sexual relationship
- Co-parents
- Vulnerable adults
- People who were raped or sexually assaulted in the past six months
Furthermore, not all abuse qualifies for a protective order. The qualifying acts of abuse include:
- Serious bodily harm
- Imminent fear of serious bodily harm
- Assault
- Rape or sexual assault
- False imprisonment
- Mental injury to a child
- Stalking
- Revenge pornography
Restraining orders are sometimes used outside of domestic relationships, in which case they are referred to as peace orders.
Peace Orders
People who are not in a domestic relationship can also petition the court for a restraining order. However, in this situation, it is called a peace order, not a protective order or restraining order. Someone may petition the court for a peace order to prohibit stalking, harassment, abuse, or even destruction of property. This is common among strangers, co-workers, friends, and even neighbors.
What Is The Process For Getting A Restraining Order or Protective Order?
The petitioner must follow a specific process to get a restraining order. Even though a restraining order is civil, the respondent has the right to fight against it. If the process isn’t followed, the order may not be valid.
File The Petition
The first step to obtaining a protective order in Lanham is to file a petition at the Prince George’s County District Court. The petition must be filed in the county where you reside or where the alleged abuse occurred. The petitioner must also request specific terms for the protective order.
In addition to the petition, the petitioner must also file an addendum. The police will use this addendum to serve the respondent with the protective order. This is a crucial step so that the respondent is notified of the protective order and can attend the hearing to defend themselves.
The Temporary Hearing
After filing the petition, the petitioner will attend a temporary hearing. This is an ex-parte hearing, which means that the respondent will not be present.
At the temporary hearing, the petitioner will explain why they are requesting a protective order to a judge. The judge will ask questions about the relationship, what happened, and what type of behavior the petitioner wants to be prohibited.
If the judge determines that abuse occurred and there is a basis for the protective order, they will issue a temporary protective order. The temporary order usually lasts only 7 days but can be extended. Within 7 days, the court will schedule a final hearing before issuing a final protective order.
The Final Hearing
The final hearing is much more formal than the temporary hearing. Both the respondent and petitioner will be present at this hearing alongside their lawyers. At the final hearing, the petitioner must prove the basis for the protective order by a preponderance of the evidence, which means that it is more likely than not true.
The petitioner can present evidence to meet this burden of proof. Evidence could include:
- Police reports
- Photographs
- Medical records
- Text messages and call logs
- Witness testimony
- Other relevant records
After the petitioner presents evidence, the respondent can also introduce evidence. The respondent will try to refute the petitioner’s evidence and argue that there is no basis for the protective order. This is usually much more effective if they are represented by a lawyer.
Ultimately, the judge will decide whether or not to issue a final protective order. If they do, the order is valid for up to one year.
What Are The Rules If I Am Subject To a Restraining Order or Protective Order?
Restraining orders and protective orders are generally very broad. The court has a lot of discretion to order a variety of rules tailored to the petitioner’s specific situation. Some of the most common rules include:
- Prohibiting further abuse or threats
- No contact
- No return to the shared home
- Stay away from school, job, or other locations
- Temporary custody of children
- Restrictions on visitation
- Child support
- Prohibited use of the shared car
- Surrendering firearms
- Counseling (drug, alcohol, or domestic violence)
Additionally, the judge has the discretion to order any other necessary relief. As long as the rules serve to protect the petitioner, the judge has the authority to impose them.
What Are the Penalties For Violating A Protective Order or Restraining Order or Protective Order In Lanham, Maryland?
Even though a protective order is a civil order, violating its terms is considered criminal behavior.
Violating a protective order for the first time is a misdemeanor. It carries a penalty of up to 90 days in jail and a $1,000 fine. Violating a protective order for a second or subsequent time is also a misdemeanor, but it can carry up to 12 months in prison and a $2,500 fine.
If you violate a protective order and commit another crime while doing so, then you can also face additional penalties if you are convicted of a separate crime.
What Defenses Can Be Raised If I Am Accused Of Violating a Restraining Order or Protective Order?
The best way to defend yourself if you are accused of violating a restraining order is to hire a Lanham restraining order lawyer. The courts take these cases extremely seriously, and you should not expect to catch a break.
An attorney can raise several defenses to the charges depending on the allegations. Some of the most common defenses include:
- False allegations
- No violation of the restraining order or protective order
- Procedural violation
- Accidental contact or coincidence
- The petitioner induced the contact
- Improper service of restraining order or protective order
- Lack of intent
It can be difficult to defend against a protective order violation. Unfortunately, many judges are biased against the respondent. An attorney will protect your rights and advocate for a fair trial on the charges.
Schedule A Free Case Evaluation With A Lanham Restraining Order Lawyer
You need to act quickly if you have received notice that a petitioner has taken out a temporary protective order against you. If you do not fight against the protective order at the final hearing, the court may issue it in your absence.
The best course of action is to schedule a free case evaluation with a Lanham restraining order lawyer at Alpert Schreyer Criminal Defense Attorneys as soon as possible. We can discuss the details of your case and explain the process and your rights. Our lawyers will work with you to build a strategy to fight against the protective order.