Frederick County Protective Orders

In situations of domestic violence, abuse, rape, harassment, or stalking, an alleged victim may petition for a protective order to legally keep the other person away. A protective order is a civil document precluding a person from having certain types of contact, (if any is permitted at all) from a person that has a special relationship with the petitioner. They are also commonly known as restraining orders. While in some situations these orders may be necessary, in others, they may be requested or issued over false accusations.

If you have questions about how Frederick County protective orders may affect you, contact a local domestic violence attorney. A lawyer with experience handling domestic dispute cases could provide insight into how these restraining orders could change your life.

The Unique Aspects of Protective Orders

A protective order is unique compared to other types of legal provisions used to keep people apart. Peace orders may be issued in roommate violence situations, but because the two people are not related to each other, the peace order has less power. A peace order may only last six months and it can only really have someone stay away from another person.

However, a protective order is an immediate relief that, can have someone vacate a residence, order child support, limit contact, or forfeit firearms all in a matter of hours. While it is a civil law order, a violation of a protective order is a criminal act. A lawsuit or a criminal charge might take months to go through the legal pipeline whereas a protective order takes effect almost immediately and may have long-lasting effects.

What is the Process for Issuing a Protective Order in Frederick County?

To get a protective order issued, a person goes to a commissioner’s office in Frederick County, which is generally open 24/7. They must fill out a petition, name the person they are seeking protection from and document what happened. The commissioner will review it and issue what is called an interim protective order if they find it appropriate to do so. The interim order is good for up to 48 hours or until the petitioner is able to go before a judge.

Sometimes, if someone goes in during court hours, they may be seen almost immediately within a couple of hours for the temporary hearing. If someone goes on a Saturday, their temporary hearing will be on Monday. At a temporary hearing, the respondent is generally not present. Oftentimes, they have not even been served yet, but the judge will determine whether it is appropriate to go forward. If the petitioner testifies to why they want it, a judge could issue a temporary order.

Frederick County temporary protective orders are typically good for one week, in which case, they will come back for the final protective order hearing, and that is the time when the respondent needs to be there. If the respondent has not been served with the protective order, then the temporary order would be postponed and extended. If they have been served, and they are present, the court may proceed. If the respondent is not there but has been served, the case will still go forward as they have been given the opportunity to participate, but the respondent does not need to be there.

Common Elements in Civil Protective Orders

If a person has a final protective order entered against them, it usually requires having no contact with the petitioner, but it may also require the respondent to vacate a shared residence, or place of employment. The restraining order may also discuss visitation, child support, and family maintenance. It would require forfeiture of any firearms for the duration of the protective order and other far-reaching implications.

Let an Attorney Help You With Restraining Orders in Frederick County

Only a petitioner can modify or withdraw a protective order, but in order to do so, they have to file a request in writing with the court that entered the order, appear before the court, and explain why they want to withdraw or modify it. Likewise, when a respondent receives a restraining order, they will likely need assistance handling the matter in court. If you have any questions about either seeking Frederick County protective orders or defending your rights when one has been issued, an experienced domestic violence attorney may be able to help. Call today to find out more.