What Proof Is Needed for a Restraining Order?

In Maryland, restraining orders, also known as protective orders, are used to help individuals in need of protection from abuse or harassment. These orders help prevent further contact between the petitioner and the respondent, focusing on safeguarding personal safety. Understanding the types of orders and what proof is necessary to either successfully obtain or defend against a restraining order helps clarify the process for individuals involved. 

Peace Orders

Peace orders are used to provide protection for individuals who need to safeguard themselves from someone they don’t have a close or domestic relationship with. A person can file a peace order against people such as strangers, neighbors, co-workers, or acquaintances.

This order requires the respondent/defendant to maintain a certain distance from the alleged victim and refrain from contacting them. If the respondent violates these terms, they can face legal consequences. 

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Michael J. Schreyer

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Michael Berman

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Evidence Needed To Obtain a Peace Order

To secure a peace order, the alleged victim needs to provide evidence that they suffered from specific actions. These include:

• Criminal acts: Show proof of incidents like trespassing, stalking, harassment, malicious destruction of property, or false imprisonment.
• Serious threats or harm: They should include any incidents involving rape, attempted rape, other sexual offenses, actions causing serious bodily harm, or actions that made them fear for your safety.

This information can be shown through prior police reports, video footage, witness statements, medical records, or anything else that provide evidence of the abuse/harassment. While having an attorney isn’t mandatory to obtain or defend against this type of order, their assistance can be helpful. 

Attorneys Alpert, Berman, and their staff help guide those of us caught up in circumstances that are ultimately under our control … first, by pointing out how to regain some control, then by guiding us so we never have to deal with such situations again (using our own self-determination). I am very happy with my outcome. Andrew Alpert contributes to the field of knowledge and contemporary practice standards based on science. This team is definitely worth it! They worked closely with me, gave me honest and sensible advice, and they really secured a good outcome for me. Highly recommended.”

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Domestic Violence Protective Orders

Domestic violence protective orders are designed to ensure safety for people who face danger from someone with whom they share a domestic or close relationship. This occurs if the individual in question is a current or former spouse, a family member by blood, marriage, or adoption, or someone with whom you have a child. 

 

It also applies if the individuals have been in an intimate relationship for at least 90 days within the last year. A parent, stepparent, child, or stepchild who lived with the parent for at least 90 days in the past year can also file for a domestic violence protective order.

This order requires the respondent/defendant to maintain a specific distance from the alleged victim and avoid any contact. Legal repercussions follow if the order is violated. 

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Evidence Needed To Obtain a Protective Order

For a protective order, the alleged victim needs evidence that demonstrates they faced:

• Violent or threatening acts: Provide details of attempted rape or sexual assault, any actual instances of rape or sexual assault, false imprisonment, serious bodily harm, actions causing them to feel unsafe, or any kind of assault.

A lawyer is not required for this order, but working with one can help present a stronger case, which can increase the likelihood of being granted a protective order.

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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Types of Evidence Used to Obtain Protective Orders

When seeking a protective order, presenting the right kind of evidence is necessary. Below are some of the most important types used in these situations:

 

• Written evidence: Written documents play an important role. This includes any emails, text messages, or letters where the respondent made threats or admitted to harmful behavior.
• Photographic evidence: Photos can depict the effects of the alleged incidents. This can include images of injuries, property damage, or any other relevant visuals that support the case.
• Witness testimonies: Having someone else who saw or heard the incidents can greatly reinforce the claims. Witnesses can be friends, family, or even neighbors who observed the behavior or its aftermath.
• Medical records: If the alleged victim suffered physical harm, medical records are essential. These documents confirm injuries and provide a timeline that matches their account of events.

Understanding what types of evidence is required will help victims and defendants when dealing with restraining orders.

Contact Alpert Schreyer Trial Attorneys To Schedule a Free Consultation

Navigating the process of obtaining or defending against a restraining order in Maryland requires a clear understanding of the types of orders and the evidence needed to support or challenge them. If you need help obtaining or defending against any type of protective order, don’t hesitate to contact Alpert Schreyer Trial Attorneys today to schedule a free consultation with a Maryland criminal defense lawyer.

For more information, please contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a [RELATED PRACTICE AREA] attorney in Maryland today.

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