Protective & Peace Order Defense in Maryland
Protective Orders and Peace Orders function to limit or prohibit one’s behavior against another when accused of abuse, violence, and a range of other unlawful acts. If a person requests civil relief, the respondent’s rights can be in jeopardy. Decker, Tychostup & Friedman’s criminal defense practice fights for the rights of a person accused of abuse, harassment, stalking, trespassing, or malicious destruction of property in and around the City of Baltimore. Whether you face a Protective Order or a Peace Order, our firm is ready to fight for your rights and future. You will most likely face civil and criminal charges, this deserves the experienced and effective legal services of Decker, Tychostup & Friedman. Contact our firm to discuss your legal matter today
Peace & Protective Orders
Under Maryland law, certain acts can constitute the issuance of a Temporary Protective or Peace Order, including, but not limited to:
- Intimidating or threat of serious bodily harm
- Acts that cause serious bodily harm
- The attempt of commission of a sexual offense, including rape
- False imprisonment
- Malicious destruction of property
What is the difference between a Peace order and a Protective Order?
Peace and Protective Orders limit the actions of an accused person. The difference between a Peace Order and a Protective Order is the relationship between the parties. According to Maryland Law, a Protective Order is saved for a domestic violence case, which includes a range of relationships, including:
- Spouses (current or former)
- Relation by marriage, blood, or adoption
- Parties who share a child
- Parent-child relationship
- Stepparent-child relationship for longer than 90 days in the past year
- Sexual relationship within 1 year of filing the petition
- Intimate relationship or living together for at least 90 days in the past year
A Peace Order is appropriate for any other relationship, including a neighbor, stranger, teacher, or anyone else.
What does a Protective Order do?
Protective Orders, in cases of domestic violence, are a bit more complicated because parties may share residence and children. A Temporary Protective Order can provide a judge the authority to:
- Stop the abuse
- Keep the accused away from the child’s school, the victim’s job, where the victim resides, or family members’ homes
- Prohibit the accused from entering the home or forcing them to leave if the victim lived there at the time
- Prohibit the accused from entering the home or forcing them to leave if the parties were not married, but the victim lives there and is on the deed or lease or lived with the abuser for over 90 days in the past year.
- Provide provisional custody of any children
- Award provisional possession of any pet
If the court rules in favor of a Final Protective Order, it can continue the orders above and:
- Decide on child visitation rights
- Decide on emergency maintenance (alimony)
- Award the use of jointly-held vehicles
- Order counseling
- Order the surrender of the abuser’s firearms
- Order abuser to pay all court fees
- Order any other relief determined by the judge
What does a Peace Order do?
Similar to Restraining Orders in other states, Peace and Protective Orders limit or prohibit the actions of a person accused of an abusing, harassing or malicious act against another. While a person can request this form of civil relief, the court will often issue a temporary order while waiting for the hearing to see if the temporary order should become permanent. A Temporary Peace Order will provide a judge the authority to:
- Stop abuse
- Prohibit contact in person or otherwise
If it becomes a Final Peace Order, the judge can order the above and:
- Order counseling
- Order mediation
- Order the abuser to pay court fees
Red Flag Laws
The state of Maryland has enacted red flag laws, which aim to prevent any dangerous persons from possessing or purchasing firearms or other deadly weapons. The individuals that may request that an emergency order is passed that prevents an individual from accessing weapons include law enforcement, social workers, healthcare providers, and certain family members. If you have questions about Maryland’s red flag laws, contact our firm.
Contact Decker, Tychostup & Friedman
If you are accused of domestic violence, it is important to discuss your legal matter with an attorney. Not only will you face this civil case, you most likely will face a criminal case and a possible family law involving child custody, depending on the matter. Our firm’s criminal defense practice provides effective representation to clients in and around Baltimore, Maryland. Being convicted of a crime or issued a Protective/ Peace Order can have a devastating effect on your life. Contact our firm to discuss your legal situation.