Domestic Violence and Protective Orders: Your Right To Protection Explained

The Law Offices of Sandra Guzman-Salvado. | A Widely Recognized Protective Order Lawyer In Rockville, MD

Domestic violence and abuse in the US are increasingly widespread. It affects people of all ages, genders, races and economic backgrounds. If you’re a victim, you’re certainly not alone.

If you need to understand your rights and learn more about legal steps you can take to escape domestic violence, Sandra Guzman-Salvado can help. She is an acclaimed advocate for clients in your situation, helping to secure the protection from abuse they and their family members need.

What Legal Protections Are Available For Victims Of Domestic Violence?

Maryland takes domestic violence and abuse seriously, and offers extensive protections for victims in the form of protective orders, criminal remedies and civil remedies.

Domestic Violence Protective Orders (DVPOs) are court orders that offer timely protection to victims. Once granted by the court, a DVPO can require your abuser to:

• Cease all threats, abuse and contact
• Leave your home
• Give up custody of children temporarily or in the long-term
• Stay away from your home, work and school
• Surrender all firearms

In addition to obtaining protective orders, you can also:

• Criminally prosecute abusers for specific crimes such as assault, rape, stalking or false
• Pursue a civil action against your abuser for personal injury, emotional distress, medical expenses, lost wages and property damage
• Break a lease early or receive eviction protection to secure your safety
• Receive access to safe or transitional housing

How Do You Obtain A Restraining Or Protective Order?

Eligibility for a protective order requires you to have a specific relationship with your abuser. Qualifying relationships include:

• Current or former spouses
• Co-parents, regardless of marital status
• Cohabitating sexual partners (who lived together at least 90 days in the past year)
• Parent-child relations through blood, adoption or marriage (who lived together at least 90 days in the past year)
• Relatives by blood, marriage or adoption

You also qualify for a protective order if you’re a victim who is a physically or mentally disabled adult or the recent victim of rape or sexual assault by your live-in partner within the last six months.

The process to obtain an order begins with filing a Petition for Protection from Domestic Violence with the district or circuit court in your county. Your petition will require inclusion of specific details about your abuse (dates, times, incidents, threats, injuries), the abuser’s current location and any prior legal actions between you and your abuser.

Even if courts are closed when you’re ready to file, the District Court Commissioner can respond by issuing you an interim protective order that remains in effect until a temporary protective order hearing can be held during regular court hours. Interim and temporary orders take effect immediately after the “respondent” (your abuser) is served notice by law enforcement.

Temporary protective orders, if granted, are issued ex parte, meaning in the absence of the respondent and last up to 7 days. Within that period, a final hearing will be held, during which both parties will be heard and give evidence. If the final order of protection is granted, it can last up to 1 year or longer depending on the circumstances of your case.

What Evidence Is Needed To Support A Protective Order?

To grant a protective order, a Maryland judge will be looking for “reasonable grounds” that domestic violence or abuse took place. To prove that, you will need to provide “clear and convincing” evidence.

Your testimony and the testimony of witnesses under oath will be crucial evidence. The more detail and specifics you and your witnesses can provide about dates, times, places, injuries, abuse or threats, the better.

Other forms of “clear and convincing” evidence include:

• Photos and medical records of your injuries
• Electronic communications in the form of texts, voicemails, call logs, emails and social media posts
• Law enforcement documentation, such as police reports or 911 transcripts and recordings

Can Protective Orders Affect Child Custody?

Protective orders can have a profound impact on child custody, both during the period the protective order is in effect and in subsequent child custody cases. If a protective order is granted, it will also be considered as evidence in a family court custody case. In both instances, the best interests of the child and risk of harm to the child are the paramount concerns to the court.

Depending upon the severity and persistence of the violence or abuse, a judge may take the following short- or long-term actions against your abuser:

• Award you temporary, long-term or permanent custody
• Order limited, supervised or denied visitation to your abuser
• Issue orders preventing your abuser from contacting your child, picking your child up at school or traveling out-of-state with your child
• Order your abuser to attend counseling or parenting classes

What Are The Penalties For Violating A Protective Order?

If there is probable cause to believe your abuser has violated a protective order, police are required to arrest them. Violating a protective order is a misdemeanor, and violators will be subject to jail time of up to 90 days and fines of up to $1,000. Repeat offenses will result in significantly increased jail time and fines.

Suppose your abuser possesses a firearm when violating a protective order. In that case, they are violating federal law and are subject to federal prosecution, for which they may be sentenced up to 10 years in jail.

A violator may also be subject to contempt of court charges, which, if proven, can result in additional jail time and fines to those imposed for the misdemeanor charge.

Are You In Need Of Immediate Protection From Domestic Violence? Contact Us Today.

The Law Offices of Sandra Guzman-Salvado are ready to help you leave domestic violence behind. We are experienced domestic violence attorneys who can assist you in filing your protective order petition, gathering evidence for your hearing, representing you at hearings and pursuing all other civil or criminal remedies available to you. Contact us at (301) 340-1911 or visit contact page today to schedule a consultation at our offices in Rockville, Greenbelt, Bethesda, or Frederick.