Protective Order Lawyers in Maryland and Washington, D.C.
Whether you're facing abuse, threats, or harassment, we are here to guide you through the legal process with care and precision.
What is a Protective Order?
A protective order is a court-issued legal order designed to protect you from abuse or threats of abuse. These orders are used to safeguard individuals from different forms of harm, including physical violence, stalking, harassment, and sexual assault.
Protective orders can include provisions such as ordering the abuser to stop contacting you, leave your shared residence, stay away from your home or workplace, and refrain from further abusive actions.
In Maryland, these orders are governed under the Family Law Article, Title 4, Subtitle 5 of the Maryland Code. Washington, D.C. law provides for similar protection under the Intrafamily Offenses Act (D.C. Code §16-1001 et seq.).
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When Can You Get a Protective Order?
You may need a protective order if you are a victim of abuse by someone with whom you share a qualifying relationship. In Maryland, qualifying relationships include:- A current or former spouse
- A cohabitant (someone who has lived with you in an intimate relationship for at least 90 days within the past year)
- A relative by blood, marriage, or adoption
- A person with whom you have a child in common
- A person with whom you have had a sexual relationship within the past year
- A vulnerable adult
- A spouse or former spouse
- A domestic partner or former domestic partner
- A person you are dating or have dated
- A person with whom you share a child
- A relative or roommate
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How Can a Protective Order Help You?
A protective order provides immediate and enforceable legal protections. Some of the benefits are:
- No Contact Orders: A no contact order attorney helps issue this order that prevents the abuser from contacting, harassing, or threatening you in any way.
- Residential Exclusion: Requiring the respondent to leave a shared home and not return.
- Custody and Visitation Arrangements: Awarding temporary custody of children and setting safe visitation terms.
- Emergency Family Maintenance: In Maryland, this can include financial support to help you remain safe and independent.
These provisions help create a safer environment for you and any dependents, while also providing legal recourse if the order is violated.
How Long Will the Protective Order Be in Place?
The duration of a protective order varies based on the type of order and the jurisdiction:
Maryland
- Interim Orders: Last until the Temporary Protective Order hearing, usually held within 2 days
- Temporary Orders: Last up to 7 days but may be extended to 6 months.
- Final Orders: Last up to 1 year and may be extended for an additional 6 months or even made permanent under certain conditions.
Washington, D.C.
- Temporary Protection Orders (TPOs): Last up to 14 days.
- Civil Protection Orders (CPOs): Last one year but can be extended or renewed upon request and demonstration of continued need.
Penalties for Violating an Order of Protection
Violation of a protective order is a serious offense in both Maryland and D.C. and leads to criminal prosecution.
In Maryland, violating a protective order is a misdemeanor and can result in up to 90 days in jail and/or a $1,000 fine for the first offense. Subsequent offenses may carry up to one year of incarceration and increased fines.
In D.C., violating a CPO is a criminal offense, punishable by up to 180 days in jail and/or a $1,000 fine. Repeated violations cause harsher penalties, including felony charges in some cases.
Courts take these violations seriously, and enforcement is strict. Colbert Law Firm can help you petition for contempt proceedings if your order is violated.
Why Hire Our Protective Order Lawyers in Maryland and Washington, D.C.
At Colbert Law Firm, our veteran protective order attorneys provide focused legal support for clients seeking or responding to protective orders in Maryland and Washington, D.C. These orders are serious legal tools that can significantly impact one’s housing, custody, and firearm rights.
FAQs
1. What if the other person and I live together and/or have kids together?
Ans. Yes, you can still obtain a protective order. In both Maryland and D.C., shared living situations or parenting arrangements do not prevent you from seeking protection. Courts can issue orders that address residential arrangements and temporary custody or visitation for the safety of both you and your children. In Maryland, the court may also grant emergency family maintenance to help you remain financially stable if the abuser is a primary earner.
2. Do I have to go to court to get a protective order?
Ans. Yes but you can initiate the process quickly and discreetly. In Maryland, you can file for an Interim Protective Order through the District Court Commissioner if the courts are closed. Temporary and Final orders require a court appearance.
In D.C., you can file a petition in the Domestic Violence Division of the Superior Court. In both jurisdictions, our protective order lawyers in Maryland and Washington, D.C. can assist you with the paperwork, represent you in hearings, and help gather the necessary evidence.
3. What’s the difference between an Order of Protection and a Restraining Order?
Ans. Though used interchangeably in conversation, legally there is a difference:
Protective Orders are Specifically designed for domestic violence or abuse cases involving people with a qualifying relationship. These orders offer robust, court-enforceable protection.
On the other hand, restraining orders are used in civil contexts (e.g., property disputes) and do not require a domestic relationship. They may be part of broader litigation but do not offer the same personal safety provisions.
Colbert Law Firm specializes in both types and can advise you on which is appropriate for your situation.
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