Frederick County Restraining Orders

In domestic violence situations, one party often petitions for some form of restraining order to keep their alleged aggressor away from them. Restraining orders and protective orders are generally interchangeable and mean the same thing. Anybody can file for a restraining order. Whether you need to petition for a protective order, or one has been wrongfully issued against you, it may be wise to consult with an experienced domestic violence lawyer. An attorney could help you navigate the legal process and protect your rights.

What do Protective Orders do in Frederick County?

What a restraining order might require a person to do depends on the type. However, protective order may require far more such as vacating a residence, having no contact, limiting visitation with shared children, not going to a place of employment, forfeiting firearms, paying both child and family maintenance, and potentially even see time with and ownership of pets affected. When someone is the subject of a restraining order, they have very strict rules they must follow or face criminal charges. Consulting a dedicated criminal defense attorney could help people ensure that they follow all the aspects of their protective order to prevent potential complications.

How an Attorney Could Help

A person charged with a domestic violence-related offense would want a lawyer present at a restraining order hearing. Sometimes, it is advisable to go to trial to contest the order while other times it may be wise to simply consent to the entry of the order. There could be parts of the agreement that would enable removal of the case from someone’s public record if it is handled correctly, even after an order is entered.

There also could be an accompanying criminal case arising out of allegations that are the same incident as the protective order, in which case there are concerns about even testifying or proceeding forward. All those variables plus more is why an attorney is essential to help guide someone through the process and do what is most appropriate.

An extension of a temporary order would not affect a person’s domestic violence case. A temporary order is the second step in the protective order process, which is the first appearance before a judge. A temporary order is only in place for a week until the final hearing date. If, on the final hearing date, either the respondent has not been served or a postponement is requested for one reason or another and granted, the final hearing date will be reset and the temporary will be extended only until the new final hearing date. This is typically one week later, so any pending criminal matter is not affected by its extension or postponement of one week.

Contact a Lawyer for Help Handling a Restraining Order in Frederick County

Any alteration to a protective order must be requested in writing and typically in open hearing before a judge of the county in that court. As with any time a court is involved in your life, having strong legal representation could help preserve your rights and better navigate the courts. If you are facing a Frederick County restraining order, working with an attorney may be your best chance at ensuring you understand and follow all the stipulations of the order, potentially avoiding further criminal charges. To learn more, call today and schedule a consultation.