Howard County Protective Order Lawyer
Protective orders in Howard County can last for a year. If there is a basis to believe that the person is still a threat after a year, then a judge can extend the protective order for an additional time, for an additional year. Although there is no such thing as a restraining order in Maryland, protective orders are frequently used, not for protection but quite the opposite.
They are sometimes used and filed to harass somebody else and the difficulty is, if somebody wants to use a protective order as leveraging against another person, they can. They can file it, and if they get one, all they need to do is, if there is contact, call the police, saying that person drove by their house, or whatever the circumstances, and they will be arrested just by virtue of that statement alone without recourse.
If someone is served with a protective order they should contact an experienced Howard County lawyer who can walk them through the protection process and what this means for their future. Howard County protective orders are a big deal and should be taken seriously with the help of a Howard County protective order lawyer.
Granting Protective Orders
To get a Howard County protective order, a person might be “eligible for release”. First of all, the individual must be related by blood, marriage or has cohabited with them where they had a sexual relationship put up at this year. Above and beyond that relationship, the individual must be a victim of either threat, stalking, harassment, physical violence, or other such things that will satisfy the judge’s inquiry as to whether a protective order is appropriate.
There has to be a certain reason for asking for it; it cannot be because of something that happened two years earlier. That is not a basis for a protective order. A protective order is designed, typically, to protect somebody from the potential imminent threat.
If something happened two years earlier and there has been nothing since, it can hardly be said that there is an imminent threat because even if a protective order had been entered two years prior, as it is only for a duration, it would have expired anyway.
Civil Protection in Howard County
A civil protection order might require somebody to vacate a residence, avoid the other party’s work, school, residence, or anywhere else they may frequent. It may order child support, custody, family maintenance, and monetary awards to the other party. It can order the use of certain personal property such as vehicles, even address ownership of pets, things of that nature. It could also order someone to obtain certain counseling and mental health treatment.
There are no specific distance requirements. A sexual offender, for instance, cannot go within a certain distance of a school. This is slightly different. It is more of a restriction order whereas sex offenders are set limitations that. The purpose of Howard County protective orders is to ensure that the individual has no contact with the other party and stays away.
If it is a public place and they are passing a business on the way to work, that is not going to be a violation if they have reason to be there but if they pull through the drive-thru of a restaurant where the person works, and they have no reason to do that, it could be a violation. It is not a matter of treating distance limitations, it is more a matter of using a person’s best judgment.