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 | The effects of a protectve order are severe. A court can quickly order a party out of their home for up to a year, order temporary custody for up to a year and award child support for up to a year. The experience, expertise and skill of the lawyer that represents you can make the entire difference between wining and losing your case. Jack I. Hyatt is a former Assistant State's Attorney, has gained experience in over 20,0000 cases since 1973,and will provide aggressive representation in your case. WHAT IS DOMESTIC VIOLENCE? Domestic Violence is physical violence, threatened violence, and abuse which occurs in the following relationships: Married Couples (also known as Spousal Abuse) Cohabiting Couples Persons who have a child or children in common Persons in a dating relationship or who were in a former dating relationship Persons who were formerly married to each other DOMESTIC VIOLENCE covers a wide range of abuse, including Spousal Abuse and child endangerment. Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution under the California Domestic Violence laws. DOMESTIC VIOLENCE cases are treated differently than other criminal cases. There are designated Prosecutors and special Domestic Violence Units (DV Units) within the Prosecutor's office that stand ready to aggressively prosecute anyone charged with Domestic Violence. DOMESTIC VIOLENCE ABUSE EXAMPLES Threats Intimidation Annoying Phone Calls Stalking (such as following the victim to and from work, and threatening the victim) Physical Assault or Abuse Hitting Slapping Pushing Shoving Kicking Biting Pinching Punching Hair pulling Beating Sexual Abuse Unwanted sexual touching Forced sexual acts Criticizing sexual ability Verbal Abuse Emotional cruelty Constant criticism Name calling Ignoring the victim Degrading remarks Mocking Taunting Swearing Financial Abuse Refusing to pay bills Withholding money from victim Not allowing victim to work Not purchasing family necessities Social Abuse Isolating the victim from family / friends Violating privacy rights of victim Opening and reading victim's mail Monitoring and listening in on telephone calls Outward jealousy and possessiveness Child Abuse Child endangerment charges can be filed if the child witnesses the violence DOMESTIC VIOLENCE charges may be filed as a misdemeanor or a felony. How it is filed by the Prosecutor is based on the seriousness of the case. Severe injuries (including severe cuts and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filed as a misdemeanor. Both prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed---usually as a felony. The terminology used differs from state to state - restraining orders and protective orders are examples of orders issued by a court restraining the conduct of a person and protecting a victim from the activities of an abusive person. A "Temporary Restraining Order" is ordinarily issued after an "ex parte appearance" (an appearance in court by one party without the other being present). The Temporary Restraining Order is an order of the court that states that a person is to refrain from particular acts and to stay away from particular places. A Temporary Restraining Order becomes effective only once it has been served on the restrained person (so s/he has notice and can seek an opportunity to be heard). In addition to the Temporary Restraining Order, an "Order to Show Cause" hearing is scheduled so that both parties will have the opportunity to explain to the court the reasons why a more "permanent" restraining order should or should not be issued. Temporary Restraining Orders usually can be issued the same day they are requested and remain in effect until the scheduled hearing on the Order to Show Cause. The Order to Show Cause hearing is typically scheduled to occur within 15 or 20 days. Once the Temporary Restraining Order and Order to Show Cause have been served on the person to be restrained, a hearing can be held to determine whether there is sufficient cause for a court to issue a more "permanent" restraining order. Based upon the evidence presented at this hearing, a court can order the restrained person from engaging in certain acts and from being in certain places (such as the victims' residence and place or employment). After a hearing, a Restraining Order can remain in effect for a period of time, even several years. This Restraining Order After Hearing can also be renewed for additional periods of time upon application by the protected person, and its duration may become permanent. Peace Order or Protective Order . . . which one? Peace and protective orders are civil orders issued by a judge to prevent one person from committing certain acts against others. The personal relationship between the “ respondent” (person alleged to commit the prohibited act) and the victim (person to be protected) determines which kind of petition would be filed. Protective orders generally apply to people in domestic relationships. Peace orders apply to other relationships (dating, neighbors, co-workers, acquaintances, strangers). You cannot qualify for both; you must choose the one for which you would qualify. If you are filing the petition for yourself, do any of these apply to you? I am the current or former spouse of the respondent I have lived in an intimate relationship with the respondent for at least 90 days during the past year I am related to the respondent by blood, marriage, or adoption I am the parent, stepparent, child, or stepchild of the respondent, and I have resided with the respondent for 90 days during the past year I have a child with the respondent If you checked any of the above, you would file for a protective order. If you did not, you would file for a peace order. If you believe a minor child or a vulnerable adult (an adult who cannot provide for his or her own daily needs) is in need of protection, you may file for a protective order for them if: -- one of the above boxes describes their relationship with respondent and -- you are related to the minor child or vulnerable adult or -- you reside in the same house with the minor child or vulnerable adult What do you have to prove? Once you determine the type of order for which you may qualify, you then must prove that one of the following acts occurred: For a peace order: - an act that caused serious bodily harm - an act that placed the petitioner in fear of imminent bodily harm - assault in any degree - rape or sexual offense - attempted rape or sexual offense - false imprisonment - criminal harassment * - criminal stalking * - criminal trespassing * - malicious destruction of property* * these acts apply only to a peace order. For a protective order: - an act that caused serious bodily harm - an act that placed the petitioner in fear of imminent bodily harm - assault in any degree - rape or sexual offense - attempted rape or sexual offense - false imprisonment How to apply for an Order Step 1: Complete the correct petition Petition for Protection (form CC/DCDV1) can be obtained from any circuit or District Court clerk or commissioner. A Petition for Peace Order (form DC/PO1) must be obtainedfrom a District Court clerk or commissioner. All forms are available at:www.courts.state.md.us/courtforms/(Click here to go to forms.) Step 2: File the petition During normal business hours, file the petition with a circuit or District Court clerk (District Court for peace orders). Once the petition is filed, you will then go to a courtroom to await a hearing. Step 2a:Interim Order
When courts are closed, District Court commissioners may issue Interim Peace and Protective Orders to last until a judge holds a temporary hearing. An interim order goes into effect once the respondent is served by a law enforcement officer.
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