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 Information is Discoverable in Divorce Litigation in Maryland?

In Maryland, the divorce process typically involves a thorough examination of income, assets, liabilities, and other information. Discovery is the formal legal process of obtaining evidence and information from the opposing party, and it can play a pivotal role in divorce litigation. Understanding what information is discoverable in divorce proceedings in Maryland is essential for anyone navigating this challenging terrain. 

Types of Discovery in Maryland Divorce Cases: 

In Maryland divorce cases, several methods of discovery are commonly utilized to gather information and evidence. These methods include: 

1. Interrogatories: These are written questions sent by one party to the other, which must be answered within a limited timeframe under oath. These questions can cover various aspects of the marriage, including information related to the children and the parties’ finances, assets, liabilities and other relevant matters. 

2. Requests for Production of Documents: This involves requesting the other party to produce documents relevant to the case within a specified timeframe. These documents can include financial records, bank statements, credit card statements, tax returns, property deeds, and more. 

3. Depositions: This is arranged through a court reporter and involves an attorney taking the sworn testimony of a party or potential witness outside of court prior to a trial. Depositions allow both parties to ask questions directly and can be a powerful tool for uncovering information and assessing the credibility of witnesses. 

4. Requests for Admissions: This method involves asking the other party to admit or deny certain facts relevant to the case. Requests for admissions can help streamline the litigation process by narrowing down contested issues. 

5. Subpoenas: Subpoenas can be issued to third parties, such as banks, employers, or other individuals, compelling them to produce documents and testify at a deposition.  The recipient can charge a processing fee, including paralegal time and costs for copying and delivery. 

Discoverable Information in Maryland Divorce Cases: 

In Maryland, the scope of discoverable information in divorce cases is broad and encompasses various aspects of the marriage and the parties' lives. Some key areas of discoverable information include: 

1. Financial Information: This includes income, assets, debts, expenses, bank accounts, investments, retirement accounts, and any other financial resources owned or controlled by either party. 

2. Real Estate and Personal Property: Information about real estate holdings, including marital homes, vacation properties, rental properties, and personal property such as vehicles, furniture, and valuable assets. 

3. Employment and Income: Details about employment history, current employment status, salary, bonuses, benefits, and any other sources of income, as well as potential for earning income. 

4. Child Custody and Support: Information relevant to child custody and support arrangements, including the best interests of the child, parenting schedules, child care arrangements, private school, health care expenses, and any relevant factors affecting the child's well-being. 

5. Spousal Support: Factors relevant to determining spousal support, including the length of the marriage, the financial needs and resources of each party, standard of living during the marriage, and any other relevant considerations.  In Maryland there are no alimony guidelines, and without an agreement between the parties the court will have to determine if there is a need for rehabilitative alimony, which is a set period of time, or indefinite support. 

6. Health and Medical Information: Information about the health and medical history of the parties and any children involved, including insurance coverage, medical expenses, and any special needs or considerations. 

7. Social Media and Electronic Communications: In today's digital age, social media and electronic communications can also be discoverable in divorce cases if they are relevant to the issues involved, such as parenting ability, financial resources, or misconduct. 

Limitations and Protections in Discovery: 

While discovery in Maryland divorce cases is broad, there are limitations and protections in place to ensure fairness and prevent abuse. For example: 

• Privileged Information: Certain communications, such as those between spouses or with an attorney, may be protected by privilege and not subject to discovery. 

• Relevance Requirement: Discovery requests must be reasonably calculated to lead to the discovery of admissible evidence, and parties can object to overly broad or burdensome requests. 

• Protective Orders: Parties can seek protective orders to limit or restrict discovery in certain circumstances, such as to protect confidential or sensitive information. 

Conclusion: 

When litigating a divorce case in Maryland, discovery is a critical tool for uncovering information and building a case. From financial records to personal communications, a wide range of information is discoverable in divorce proceedings. Understanding the types of discovery available, the costs involved, and the scope of discoverable information is essential for parties involved in divorce cases to navigate the process effectively. With the guidance of experienced legal counsel, individuals can ensure that their rights are protected and that they have access to the information necessary to achieve a fair and equitable resolution. 

Contact our office at 240-396-4373 to schedule a consultation with one of our experienced attorneys.

About the Author

Jessica Markham is the Managing Attorney of Markham Law Firm, with locations in Bethesda, Maryland and Washington, D.C. Ms. Markham is known for litigating the most difficult custody cases in both Washington D.C. and Maryland, in particular, those involving relocation, alienation, mental health and substance abuse issues. Ms. Markham is also highly sought after for her expertise in retirement divisions, and has authored a book entitled Representing Federal Employees and Their Spouses in Divorce, to be published by the American Bar Association in 2020. Markham Law Firm is the only local firm to receive as many honors and accolades from Washingtonian, Bethesda Magazine, the Daily Record, and US News and World Reports for their expertise in Family Law, contributions to the legal community and dedication to client service

What You Need to Know about Anti-Stalking Protective Orders in DC

What is an anti-stalking order?

An anti-stalking order is a two-year court order that directs a person to refrain from committing or threatening to commit criminal offenses against the Petitioner. The order also directs the Respondent to stay away from or have no contact with the Petitioner and any other individuals or locations specified in the order. The “Petitioner” is the person who files a request for a protective order, and the “Respondent” is the person who is served with the protective order. The court may order additional conditions as it believes necessary to protect the Petitioner, such as relinquishing possession of jointly owned property. A Respondent who has a protective order is required to relinquish any firearms and may not own any firearms during the duration of the order.

Who is eligible to obtain an anti-stalking order?

A Petitioner who can show by a preponderance of the evidence, or more likely than not, that the Respondent committed an act of stalking within 90 days of the filing of the petition is eligible for an anti-stalking order. Unlike a protective order, there does not need to be a specific relationship between the parties – it is the act of stalking that makes the Petitioner a person eligible for an anti-stalking order.

What is the definition of “stalking”?

Stalking is engaging in a course of conduct directed at a specific person with the intent to cause that person to 1) fear for their safety or the safety of another person; 2) feel seriously alarmed, disturbed, or frightened; or 3) suffer emotional distress. Where a single act is of a continuing nature, each 24-hour period constitutes a separate occasion, regardless of whether the conduct is the same on each occasion.

What conditions could a court order if an anti-stalking order is issued against the Respondent?

In addition to ordering the Respondent to stay away from or have no contact with the Petitioner, the court can order the Respondent to pay costs and attorneys’ fees, surrender firearms, and stay away from animals belonging to the Petitioner. The court can order the Respondent to vacate a shared home and relinquish shared property. Courts have wide discretion in fashioning orders to protect a Petitioner, so there could be additional requirements that a court deems appropriate.

 How do I obtain an anti-stalking order?

The first step in getting an anti-stalking order is to file a Petition with the court. This can be done online through the court’s website or in person. If the Petitioner is requesting a temporary anti-stalking order, then they will appear before a judge the same day or the next business day to state under oath why they are requesting protection from the petitioner. If temporary order is not granted or the Petitioner is not requesting a temporary order, then a final protective order hearing will be held within 14 days.

What should I do if I am served with an anti-stalking order?

First, do not contact the Petitioner under any circumstances, or you could face criminal charges. Second, you should gather all evidence that tends to support your case, including texts, emails, videos, social media posts, and any other documents. While an anti-stalking order is a civil proceeding, there are often related criminal cases. If you are also charged criminally, it is very important that you consult with an experienced criminal defense attorney who also has experience with anti-stalking orders. You can decide to consent to the order if you do not want to have a contested hearing and risk a judicial finding being made against you that you committed an act of stalking.

What happens at the final hearing?

First, the parties will likely speak with a court mediator prior to appearing before the judge. If the case cannot be resolved with the mediator, then the Respondent can choose to consent to the order without a finding, or the Respondent can request a hearing. If there is a hearing, the Petitioner has the burden of showing by a preponderance of the evidence that the Respondent committed an act of stalking within 90 days prior to filing the petition. Both parties should be prepared to call any witnesses or introduce any evidence that supports their case.

Do I have to have a lawyer?

While a lawyer is not required since this is a civil proceeding, hiring a lawyer can be very helpful in understanding the process and consequences. A lawyer can negotiate with the opposing party and use their knowledge of the rules of evidence at the contested hearing. A lawyer can reduce stress by guiding their client through the entire process from filing a protective order to serving a protective order to defending against a protective order.  Anti-stalking orders can have serious consequences for a Respondent, especially if the Respondent shares a home or children with the Petitioner. In addition, anti-stalking orders can be a problem if the Respondent has a security clearance for their job.

Contact our office at 240-396-4373 to schedule a consultation today.

What You Need to Know About Civil Protection Orders in the District of Columbia

What is a protective order?

A protective order is a court order that lasts for up to two years that prohibits another person from contacting, attempting to contact, harassing, or stalking another person. The “Petitioner” is the person who files a request for a protective order, and the “Respondent” is the person who is served with the protective order. A protective order can also grant temporary custody of children to the Petitioner and order the Respondent to vacate the home if the parties live together. Violation of a protective order is a criminal offense that carries jail time and financial penalties.

Who is eligible for a protective order?

To obtain a protective order, there must be a specific relationship between the Petitioner and the Respondent. The Petitioner may file a protective order against a person who has committed or who has threatened to commit an intrafamily offense against the Petitioner, an act of animal cruelty against the Petitioner’s animal, sexual assault, or sex trafficking of the Petitioner. An “intrafamily offense” is a criminal offense that has been committed against an intimate partner, a family member, or a household member, or as an offense punishable as animal cruelty against an animal that an intimate partner, family member, or household member possesses, owns, or controls.

What is a temporary protective order (TPO), and is a TPO always issued before a final protective order hearing?

The court may issue a temporary protection order if the petitioner or a person petitioning on the petitioner's behalf establishes that the safety or welfare of the petitioner, or an animal the petitioner owns, possesses, or controls, is immediately endangered by the respondent. A temporary protection order shall remain in effect for an initial period not to exceed 14 days as necessary to complete service and the hearing on the petition. The court may extend a temporary protection order as necessary to complete service and the hearing on the petition. If a judge declines to grant a TPO but the court finds that there is good cause to believe that the Respondent has committed or threatened to commit an intrafamily offense or animal cruelty, then a final protective order hearing will be scheduled.

Am I entitled to see the other party’s evidence before the hearing?

Unlike a criminal case or a typical civil lawsuit, a party in a protective order proceeding is not automatically entitled to see the other party’s evidence. A judge has the discretion to order that discovery (or evidence) be produced upon motion of a party if it finds good cause to do so.

How do I get a protective order?

The first step in getting a protective order is to file a Petition with the court. This can be done online through the court’s website or in person. If the Petitioner is requesting a TPO, then they will appear before a judge the same day or the next business day to state under oath why they are requesting protection from the Petitioner. If a TPO is not granted or the Petitioner is not requesting a TPO, then a final protective order hearing will be held within 14 days.

How long does a protective order last?

A TPO can last up to 14 days pending the hearing on the final protective order. A final protective order can last for a maximum of two years from the date that the final order is issued.

What should I bring to the final protective order hearing?

Regardless of whether you are the Petitioner or the Respondent, bring all evidence that tends to support your case to the final hearing. You should print out text messages, social media posts, emails, or other documents as opposed to trying to introduce them into evidence through your phone or computer. Either party may call witnesses to testify on their behalf.

What if I am accused of violating a protective order?

Since violation of a protective order is a criminal offense, you should immediately consult with an experienced attorney who can advise you of the criminal process and assist you in your defense. Do not make any statements to the police or anyone else because anything you say can and will be used against you.

Do I Need a Lawyer to File for a Protective Order or Defend Myself Against One?

While a lawyer is not required since this is a civil proceeding, hiring a lawyer can be very helpful in understanding the process and consequences. A lawyer can negotiate with the opposing party and use their knowledge of the rules of evidence at the contested hearing. A lawyer can reduce stress by guiding their client through the entire process from filing a protective order to serving a protective order to defending against a protective order. Protective orders can have serious consequences for a Respondent, especially if the Respondent shares a home or children with the Petitioner. In addition, protective orders can be a problem if the Respondent has a security clearance for their job.

Contact our office at 240-396-4373 to schedule your consultation with one of our skilled attorneys.

What do I need to know about peace orders in Maryland?

What is a peace order?

A peace order is a court order issued to protect a Petitioner (the victim) from the abusive or harassing behavior of another (the Respondent) by prohibiting the Respondent from committing certain acts, including contacting the Petitioner directly or through a third party.  A Petitioner can get a peace order if they can show that within 30 days prior to filing the petition, the Respondent committed one or more of the following acts, and there is a substantial likelihood that the Respondent will commit another prohibited act in the future:

(i) An act that causes serious bodily harm

(ii) An act that places the petitioner or the petitioner’s employee in fear of imminent serious bodily harm

(iii) Assault in any degree

(iv) False imprisonment

(v) Harassment

(vi) Stalking under 

(vii) Trespass

(viii) Malicious destruction of property

(ix) Misuse of telephone facilities and equipment

(x) Misuse of electronic communication or interactive computer service

(xi) Revenge porn

(xii) Visual surveillance

What is the difference between a peace order and a protective order?

A protective order is reserved for individuals who have a familial relationship, a sexual relationship, live in the same household, or have a child in common.  A peace order is available to individuals outside of those categories. A peace order lasts for up to six months, while a protective order is in effect for one year.

How do I get a peace order?

 To obtain a peace order, you must file a Petition for Peace Order with the court within 30 days of the abusive/harassing conduct. During business hours, the Petition can be filed with the clerk at the nearest District Court, and a judge can issue a temporary peace order that lasts up to 7 days. During non-business hours, the Petition can be filed with a Commissioner who can enter an Interim Peace Order that will last for up to 3 days. A final peace order hearing is typically held 7 days after the entry of the temporary peace order. The final peace order hearing is where the judge will look at the evidence to determine whether the Petitioner should be granted relief. The Petitioner has the burden of showing clear and convincing evidence that the Respondent committed a prohibited act. If the Petitioner meets their burden, the court will issue the appropriate relief, such as ordering the Respondent to refrain from contacting the Petitioner.

What happens after a peace order is issued?

 Once a peace order is issued and served on the Respondent, the Respondent must refrain from contacting the petitioner. A final peace order last for up to six months. A final peace order may include the following relief: (i) refraining from committing or threatening to commit an abusive act against the petitioner; (ii) Order the respondent to refrain from contacting, attempting to contact, or harassing the petitioner; (iii) Order the respondent to refrain from entering the home, workplace, or school of the petitioner. Md. Courts and Judicial Proceedings Code Ann. § 3-1505.

The Respondent or the Petitioner may file an appeal within 30 days of the judge’s ruling in District Court.

Will the peace order remain on my record?

Since a peace order is a civil matter, it will not go on your criminal record. However, it will appear on a public database of the Maryland Court system. Under some circumstances, you may be eligible to shield the peace order.  A shielding will be granted if the peace order was dismissed or if the Respondent consented to the peace order, and the court finds that (1) the order was denied or dismissed, (2) there is no final peace order against the party, (3) there are no ongoing criminal charges arising from the alleged act, (4) the party has not been found guilty of any crime relating to the alleged act, and (5) the petitioner has not filed any other ongoing orders against the party.

What happens if a peace order is violated?

 Violation of a peace order is a criminal offense punishable by up to 90 days in jail and/or a fine of up to $1,000. Violations of peace orders are prosecuted by the Office of the State’s Attorney for the county where the violation occurred.

Can I remove a peace order from my record?

In many circumstances, Respondents may limit access to peace order records by filing a motion to shield the peace order with the court that issued the order. The Respondent must appear at a hearing before a shielding can be ordered. Once a peace order is shielded, it is no longer viewable by the public.

Do I need a lawyer?

 While you are not required to have a lawyer, having a lawyer can be advantageous. A lawyer can explain the process from start to finish and set expectations. A lawyer can help organize evidence in the most efficient way possible and negotiate with the opposing party. A lawyer can assist in obtaining the forms of relief that you are seeking, as well as defend against a peace order, depending upon what side you are on. Having a knowledgeable lawyer can reduce your stress and help you understand the process from start to finish. 

Click here or call us at 240-396-4373 to schedule a consultation with one of our attorneys.

Want to learn about peace orders in Maryland? Attorney Morgan E. Leigh shares information about the peace order process in Maryland.