Top Five Reasons to Get a Restraining Order in Maryland

Many domestic violence victims believe that applying for a protective order is a waste of time. Indeed, judges deny more than half of the protective order applications they receive. But let’s look behind the numbers. Most denied victims meet the legal qualifications for court judicial protection. But their applications are dismissed for procedural purposes, including flaws as minor as a failure to notarize the application.

A Waldorf, Maryland, family law attorney from the Law Office of Robert R. Castro all but eliminates procedural errors, especially at the time of filing. This close attention to detail helps ensure that domestic violence victims get their day in court and receive the judicial protection they need. Furthermore, if the respondent violates the protective order, an attorney helps ensure that justice is done.

Fight Back Without Fighting Back

Physical abuse victims should never take their situations lying down. At the same time, a violent response only makes things worse. A protective order, on the other hand, is an ideal response.

A judge may issue a temporary protective order, which is valid for seven days, based solely on the petitioner’s or arresting officer’s affidavit. No court appearance is required.

After a full hearing, the judge may extend the protective order for up to two years if one of the following is true:

• You had a previous restraining order against the abuser that lasted for at least six months, but s/he abused you again within a year of the expiration of the old order, or
• The abuser consents to a two-year order within a year after the end of your old final protective order.

In some cases, judges have discretion to extend TPOs under different circumstances or for longer periods of time.

Immediate Consequences

Police officers often hesitate to step in to settle domestic fights, even violent ones. They do not want to deal with the inevitable “he said she said” discussions.

A protective order is different. A protective order sets geographic limits as a matter of law. If an alleged abuser is in a prohibited place, s/he may have the best reason in the world to be at or near your children’s school or place of work. But officers must make an arrest based on position alone. There is never any “he said she said.”

Kick-Out and Keep-Away Orders

We discussed keep-away orders above. Establishing geographic boundaries and safe zones sets the stage for a long-term settlement in family court.

A kick-out order directs the respondent to vacate a shared residence, even if s/he is financially responsible for the rent or mortgage. Usually, either a law enforcement officer or a Waldorf, Maryland family lawyer supervises the respondent’s exit.

Document the Situation

An official court document gives schools, daycares, churches, and other organizations official notice of the situation and creates a legal duty for them to react appropriately. A protective order could also be valuable evidence in a parallel divorce or other family law proceeding.

Obtain Peace of Mind

A protective order doesn’t “fix” everything. No one or nothing on earth can do that. But a protective order stops escalation, gives you breathing room to make long-term plans, and provides access to resources such as shelters, victim services, and safety planning.

Reach Out to a Thorough Calvert County Lawyer

All parties have important legal and financial rights in divorces and other family law proceedings. For a confidential consultation with an experienced custody lawyer in Charles County, Maryland, contact the Law Office of Robert R. Castro, 11701 Central Ave Suite 200, Waldorf, MD 20601. Call us at (301) 870-1200 or go online now.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions, contact our office to speak to an experienced lawyer at (301) 870-1200.