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RPM Law – Annapolis Protective Order Attorneys Providing Strong Legal Guidance

Protective Order Lawyers in Annapolis, Anne Arundel County, and surrounding jurisdictions.

RPM Law

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Protective orders and peace orders are court-issued documents designed to protect one individual from acts of abuse, harassment, stalking, or violence by another. These legal tools play a critical role in ensuring immediate personal safety and establishing clear boundaries. While both orders have similar purposes – to command an individual to stop contact and stay away – the specific legal relationship between the individuals involved determines which type of order may be issued by the court.

The process of navigating this system during a time of crisis can be challenging and fraught with potential pitfalls. Making a mistake in the application process or during the hearing could jeopardize one’s safety or rights. Our firm provides prompt, compassionate, and effective legal guidance to help secure protection or mount a strong defense against unjust orders. We understand the importance of taking action quickly and efficiently to ensure the best possible outcome for our clients.

At RPM Law, our Annapolis protective orders and peace orders lawyer guides our clients through the process of petitioning for the order that is most appropriate for their situation. Call us at (443) 333-4343 now.

Understanding Protective Orders: A Shield Against Domestic Violence

Protective orders are issued in cases of domestic violence or abuse between individuals who share a qualifying relationship. This includes individuals who are married, related by blood or marriage, have children in common, or have cohabited in a romantic relationship for at least 90 days in the past year. Abuse that justifies a protective order extends beyond physical violence and includes assault, stalking, rape, false imprisonment, revenge porn, malicious destruction of property, and any other act that puts the petitioner at risk of serious bodily harm.

If a judge issues a final protective order, the respondent may be ordered to:

  • Refrain from committing any further abuse.
  • Have no contact of any kind (in-person, phone, electronic, or through third parties) with the petitioner.
  • Vacate a shared home immediately.
  • Stay away from the petitioner’s home, workplace, and vehicle.
  • Stay away from the children’s school or daycare.
  • Surrender any firearms.
  • Pay temporary emergency family maintenance (support) and award temporary custody.

The consequences of a protective order can be severe and far-reaching. It becomes a public record that can impact child custody decisions in future family court cases, prohibit firearm ownership, and may affect professional licenses and immigration status. This is not a decision to be taken lightly, whether you are seeking protection or responding to allegations.

Situations that may qualify for protective orders include:

  • Current and former spouses
  • Individuals related by blood, adoption, or marriage
  • A parent, stepparent, or stepchild
  • People with a child in common
  • Individuals who have cohabitated for at least 90 days in the past year

The process of obtaining a protective order begins with filing an application for a protective order with a court commissioner, if courts are closed, or with the court, during normal business hours. A temporary protective order will be issued for a period of 7 days. After that time, a hearing will be held with both parties present. The final protective order can last for up to a year, although it may be extended for another six months or more, depending on the situation. It is best to get advice that is specific to your family law case in a consultation with our Annapolis protective and peace orders attorney.

  • Stacey and her team are the best in Annapolis for family law.

    Daniel


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Peace Orders: Protection in Non-Domestic Relationships

Peace orders fall under the jurisdiction of the District Court and are used in situations where the parties do not share a qualifying domestic relationship, such as acquaintances, dating partners who have never cohabited, neighbors, strangers or coworkers. These orders cover abusive acts, including harassment, trespassing and malicious destruction of property.

A key difference between the two is the shorter time frame and duration. A temporary peace order lasts up to seven days, after which there is a final hearing. A final peace order can last for a maximum of six months, and may be extended by an additional six months if necessary. The standard of proof remains the same (preponderance of evidence), but the shorter duration reflects the different nature of these cases. Whether you are seeking a peace order against a harassing neighbor or defending yourself against one filed by a former friend, it is essential to have skilled legal representation to navigate the district court process effectively.

  • I am very grateful that I met Stacey Rice. Divorce can be very stressful. Stacey and her team do a fantastic job of helping and protecting their clients. Everyone on her team was very helpful and professional throughout the entire process. I highly recommend this firm.

    George

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Why Legal Representation is Imperative

Whether you are the petitioner (person seeking protection) or the respondent (the person against whom the order is filed), the importance of this matter cannot be greater.

  • For Petitioners: A poorly drafted petition or unprepared presentation in court can lead to denial of your request, leaving you vulnerable. The courtroom can be intimidating, especially if you face your alleged abuser. We provide support and legal expertise to present a clear and convincing case, ensuring your safety and rights through a strong and enforceable order. In addition, we can assist with related matters such as divorce or custody from a position of strength.
  • For Respondents: Allegations of abuse can be devastating, and a final order against you can have long-lasting consequences. You should never ignore served protective or peace orders. If you do, you will forfeit your right to be heard and the order will be granted by default. You have the right to defend yourself and challenge false or exaggerated claims. We can present your side of the story and provide a robust defense by thoroughly examining evidence, presenting counter-witnesses and arguing why the legal standard for the order has not been met. Our goal is to protect your reputation, parental rights, home and freedom.

Do not navigate this high-stakes legal battle alone. If you need to file for a protective or peace order, or if one has been filed against you, please contact our Annapolis-based protective and peace order attorneys immediately. We offer urgent consultations and will guide you through every step of this important process with our experience, strategy, and determination.

Please contact us by telephone at (443) 333-4343 to schedule an appointment for a consultation.

Common Protective Orders FAQs

What is the difference between a Protective Order and a Peace Order?

The difference is based entirely on the relationship between the involved parties. A Protective Order applies when there is a specific domestic or family relationship (e.g., current/former spouses, blood relatives, cohabitants, parents of a shared child). A Peace Order applies in situations involving individuals with no domestic relationship, such as acquaintances, neighbors, or strangers. The type of abuse covered and the order’s duration also differ.

What kind of evidence do I need to obtain an order?

The court needs evidence that shows you are a victim of abuse and have reasonable fear of further harm. This can include: police reports, medical records of injuries, photographs of damage or injuries, threatening text messages, emails, or voicemails, and witness statements. Your own detailed, written account of specific incidents (dates, times, what happened) is also crucial evidence.

What happens at the court hearing for a final Protective Order?

After a temporary order is issued, a hearing for a final order is scheduled within 7 days. Both parties have the right to attend, present evidence, call witnesses, and cross-examine the other party. The judge will listen to both sides and decide if the petitioner has proven by a “preponderance of the evidence” that abuse occurred and an order is necessary for protection. Having an attorney is vital to effectively present your case.

Can an order force someone to leave our shared home?

Yes. A judge can include a “vacate” provision in a Protective Order, requiring the respondent to immediately move out of a shared residence and not return. This is a common provision when continued cohabitation poses a danger. This provision is more common in Protective Orders (due to the domestic relationship) than in Peace Orders.

What are the penalties for violating an order?

Violating a Protective or Peace Order is a criminal offense. Penalties can include arrest, fines, and jail time. A violation is taken very seriously by law enforcement and the courts as it demonstrates a disregard for court authority and an ongoing threat. If a violation occurs, you should immediately contact the police and your attorney to document it.

Can I drop or modify an order after it’s been issued?

Only the court can modify or dismiss an order before its expiration date. As the petitioner, you can file a request to ask the court to drop the order. However, the judge will want to ensure you are not under pressure or coercion to make this request and that it is safe to do so. It is highly advisable to consult with an attorney before taking this step.

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