What Do I do If I am Served with a Domestic Violence Protective Order?

Receiving a domestic violence protective order can be a distressing and overwhelming experience. Whether the allegations are justified or unfounded, it's essential to handle the situation with care and diligence. Understanding your rights and the necessary steps to take can help protect your interests and ensure a fair resolution. Here's a comprehensive guide on what to do if you are served with a domestic violence protective order:

1. Remain Calm and Composed

Receiving a protective order can evoke strong emotions such as anger, confusion, or fear. However, it's crucial to maintain composure and avoid any actions or statements that could escalate the situation further. Do not act out of anger or contact the person that filed the order (petitioner). You may be recorded on an officer's body worn camera or by someone nearby, and you do not want to appear violent or unhinged.

If the order requires you to vacate your home, request that the sheriff or law enforcement officer give you a minute to grab your wallet and cellphone so that you can obtain a hotel room and/or call a friend or loved one for a temporary place to stay. If you are in possession of firearms, let officers know since it is unlawful to possess firearms while under a protective order.

2. Read the Protective Order Carefully

Carefully review the contents of the protective order, including the specific allegations, restrictions, and duration of the order. Pay close attention to any conditions or limitations imposed by the court, such as maintaining a certain distance from the petitioner or refraining from contacting them. Many protective orders prohibit communication by third parties as well, so it may be unlawful for you to have a friend contact the petitioner on your behalf, no matter how benign the request. Some protective orders will allow communication via text or email as it relates to the well-being of the minor children, so you will want to take note of any limitations on the type of contact allowed.

3. Adhere to the Terms of the Protective Order

It is crucial to comply with the terms and conditions outlined in the protective order, even if you disagree with its issuance. Violating the order can result in serious legal consequences, including arrest and criminal charges. Avoid any contact or communication with the petitioner, directly or indirectly, until the order is modified or lifted by the court, unless the order specifically permits certain types of communication such as texting to facilitate access to shared children.

4. Seek Legal Advice

Consult with an experienced attorney who specializes in domestic violence cases as soon as possible. A knowledgeable attorney can provide valuable guidance on how to proceed, represent your interests in court, and help you navigate the legal complexities of the situation. Your attorney can communicate with the petitioner and opposing counsel, which can be extremely helpful when trying to resolve the case or collect belongings that may still be at the petitioner's home.

5. Gather Evidence

Compile any evidence or documentation that may support your case, such as witness statements, texts, email, social media posts, photos, or surveillance footage. This evidence can be instrumental in challenging the allegations and presenting a compelling defense in court. Think about what evidence there may be to support your response to the petition for a protective order.

6. Attend Court Hearings

Attend all scheduled court hearings related to the protective order and follow any directives from the judge. Be punctual, respectful, and cooperative during proceedings, and refrain from any disruptive behavior that could undermine your credibility. If demonstrate anger or instability, this could help the petitioner's case and harm yours.

7. Respect the Court's Decision

Ultimately, respect the authority of the court and abide by its rulings, even if they are unfavorable. If the protective order is granted, comply with its terms until it expires or seek legal recourse for modification or termination through the appropriate channels. In Maryland, protective orders issued in the District Court may be appealed to the Circuit Court within 30 days after the issuance of the ruling where you can receive an entirely new trial.

Being served with a domestic violence protective order is a serious matter that requires careful attention and strategic action. By remaining calm, understanding your rights, seeking legal advice, and adhering to the terms of the order, you can navigate this challenging situation with greater clarity and confidence. Remember, prioritizing safety, compliance with the law, and seeking resolution through legal channels are paramount in protecting your interests and moving forward constructively.  Contact our office today at 240-396-4373 to schedule a consultation with one of our experienced attorneys.

What is Coercive Control?

Many people are familiar with the phrase domestic violence but may be less familiar with the phrase coercive control. Put simply, coercive control describes patterns of abuse that are subtle but can be as harmful as physical violence and verbal abuse. Many victims and survivors of coercive control may develop mental health issues as a result of the abuse.

Coercive control may look and feel different in every relationship and family. Abusers who engage in coercive control may use threatening and intimidating behavior to exercise power and control over their spouse, children, and family members. Some examples of coercive control include, but are not limited to: 

• Isolating the spouse from his or her family and friends

• Limiting the spouse’s access to marital funds and financial information

• Closely monitoring the spouse’s whereabouts or daily routines

• Closely monitoring the spouse’s phone activity and social media accounts

• Humiliating the spouse, including name-calling

• Damaging the spouse’s belongings or home

• Threatening violence against the spouse’s family or friends

Where the abuser and primary victim have children, it is unlikely that those children remain unaffected. This impact occurs even when the abuser intends no harm to the children. Children who witness coercive control in their parents’ relationship may feel scared, distressed, anxious, or distrustful of their parents. Some children feel pressured to take sides and feel responsible for their parents’ conflicts. Other children may feel obligated to take care of the abused parent, which may alternate the parent-child dynamic. Witnessing coercive control in their parents’ relationship has the potential to create substantial psychological issues in children.

If you are searching for compassionate legal representation in your separation or divorce, please reach out to Markham Law Firm at 240-396-4373 to schedule a consultation.