Conozca la Ley: Maryland
ACTUALIZADA 8 de agosto, 2008
A protective order is a civil order that protects you from harm by a family or household member.
- Basic Information
- Can I get a Protective Order?
- What are the steps for getting a Protective Order?
- After the Hearing
Basic Information
arribaWhat is the legal definition of domestic abuse in MD?
This section defines domestic violence for the purposes of getting a protective order.
Maryland law defines "abuse" as the occurrence of one or more of the following acts between "family or household members":
- Assault
- An act that places a person in fear of imminent serious bodily harm
- An act that causes serious bodily harm
- Rape or sexual offense
- Attempted rape or sexual offense
- Stalking
- False imprisonment, such as interference with freedom, physically keeping you from leaving your home or kidnapping you.*
* Maryland Code § 4-501
arribaWhat is a Protective Order (DVPO)? What types are there?
A Protective Order (also known as a "Domestic Violence Protective Order," or "DVPO") is an order made by a civil court to protect a person from physical pain or injury or threat of physical pain or injury. There are three types of protective orders:
Interim protective orders. If you are in immediate danger of abuse and the court is closed, you may get an interim order by going to the nearest District Court commissioner. An interim order goes into effect once the respondent is served by a law enforcement officer. The interim order lasts until a judge holds a temporary hearing.
Temporary (ex parte) protective orders. When you go to court to file for a final protective order, you can also ask for a Temporary order. This can be done without a full court hearing and without your abuser present. Your abuser is notified that you have an order against him as soon as a Temporary order is issued. The Temporary order is in effect for 7 days after service of the order, at which point a full court hearing will be held for a final protective order. The judge may extend the temporary order as needed, but not to more than 30 days.
Final protective orders. A final protective order can be issued only after a full court hearing, where you and the abuser both tell your sides of the story to a judge. You must attend that hearing. If you do not go to the hearing, your temporary order may expire and you will have to start the process over. A final protective order will last up to one year, unless otherwise stated. Orders may also be extended (See How do I change or extend a protective order?)*
If you previously had a protective order against your abuser and he has been convicted of certain crimes and has served at least 5 years for the crime/s, the judge can give you a permanent protective order that can only be terminated at your request.**
* Maryland Code § 4-506
** Maryland Code § 4-506(i), effective October 1, 2008. The crimes that qualify under this section are: attempted murder, assault, rape or attempted rape, sexual offense or attempted sexual offense.
arribaHow can a protective order help me?
In a Protective Order, a judge may order your abuser to:
- Stay away from you and your children;
- Stay away from you and your children's residence, work place, school, day care, friends' homes, any place where you are seeking shelter, etc.;
- Stop threatening or hurting you;
- Stop contacting or harassing you;
- Move out of the house (if you shared it) and not return;
- Surrender to the sheriff’s office any weapon the abuser possesse;
- Note: If there are guns involved in your case, the National Center on Full Faith and Credit (1-800-903-0111) can provide you with information and help you find a lawyer to help you with your case, if you can't find one on your own.
- Pay for your filing fees and legal fees.
The Protection Order can also:
- Give you possession of shared property (such as a house or car) except for the abuser’s personal property;
- Award you temporary custody of a minor child, order the abuser to pay temporary child support, and establish temporary visitation;
- Order your abuser to help support you and your children financially;
- Order the abuser to attend treatment programs;
- Other reasonable requests that the judge believes are necessary in order for you to be free from the violence.
Whether a judge orders any or all of the above depends on the facts of your case.*
* Maryland Code § 4-506
arribaWhere can I file for a DVPO?
You can file for a DVPO in any district or circuit court in Maryland.*
*See Maryland Judiciary: Domestic Violence: http://www.courts.state.md.us/domesticviolence/courts.html#where