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Protective Order vs Restraining Order: What To Know

Protective order vs restraining order: what to know

Understanding the difference between a protective order and a restraining order is crucial if you or someone you know is involved in a legal dispute where safety is a concern.

In Maryland, a protective order functions similarly to a restraining order, though it is typically used for cases involving domestic violence or serious harassment.

At Innovate Criminal Defense Lawyers, we know that family violence is a serious issue throughout Maryland. However, if you have a restraining or protective order issued against you, you are entitled to a strong defense.

Even emergency protective orders can seriously affect your quality of life. Learn more about how an emergency protection order or protective order works. Then, contact us for help as civil case proceedings unfold.

What Is a Protective Order?

A protective order is a legal injunction issued by a court to prevent one person from committing certain acts against another. These are typically used in cases involving domestic violence, stalking, or imminent threats of harm.

The order can dictate various restrictions, such as forbidding contact with the protected person or requiring the restrained person to stay a certain distance away.

Protective orders are meant to provide immediate safety and set legal boundaries. The issuance of a protective order requires the person seeking protection to show that there is a credible threat to their safety. The courts take these orders seriously because they involve personal safety and freedom.

If issued, a protective order can be temporary or permanent, depending on the severity of the threat and the evidence presented during court proceedings.

Violating a protective order can result in criminal charges, reinforcing the importance of adhering to the terms set by the court.

Types of Protective Orders

Types of protective orders

Emergency protective order.

Issued in urgent situations to provide immediate protection, an emergency protective order can be granted by a judge based solely on a law enforcement officer's request and typically lasts only a few days.

Temporary protective order.

This is typically issued for protection until a full court hearing occurs. Temporary orders last longer than emergency orders, usually up to a few weeks, and require more substantial evidence of threat.

Permanent protective order.

A permanent protective order may be issued after a court hearing where both parties can present their case. These orders can last for several years and are renewable.

Domestic violence protective order.

Specifically for cases involving domestic violence, this order protects individuals from abuse by family members or intimate partners. It often includes specific provisions related to living arrangements and child visitation.

Restraining order.

In some jurisdictions, restraining orders are similar to protective orders but can be broader in scope, including non-violent forms of harassment beyond physical threats. They play a role in criminal and family law. In Maryland, a protective order is the state's version of a restraining order.

Who Can File a Protective Order?

Anyone who feels threatened or has been a victim of violence, stalking, or harassment can file for a protective order.

The petitioner must provide evidence that shows reasonable fear of harm to themselves or their children. Courts review these applications seriously to ensure the threat is real and the order is justified.

Restraining Order: The Same as a Protective Order in the State of Maryland

In Maryland, the terms restraining and protective orders are often used interchangeably. Protective orders serve the same function as restraining orders, protecting individuals from harm or harassment by legally preventing others from engaging in certain behaviors.

Obtaining these orders involves filing a petition with the court and presenting evidence that demonstrates a need for protection. The police enforce these orders; violating them can lead to arrest and criminal charges.

A protective order in Maryland can cover various scenarios, including preventing physical violence, threats, stalking, and harassment.

In emergencies, courts can issue protective orders swiftly to ensure immediate protection. For a more permanent solution, a full court hearing is required where both parties can present their evidence. This ensures that all sides are heard before a long-term decision is made.

What Should You Do if a Protective Order Is Filed Against You?

What should you do if a protective order is filed against you
  1. Read the order carefully. Know exactly what is prohibited by the order. Comply fully to avoid legal consequences.
  2. Contact a lawyer immediately. An experienced criminal defense attorney can help you understand your rights and the legal implications of the order.
  3. Gather evidence. Collect any communications, documents, and witness information that may support your side of the story.
  4. Avoid contact with the petitioner. Do not attempt to contact the person who filed the order, even to explain or apologize, as this can be seen as a violation.
  5. Prepare for the court hearing. Work with your lawyer to prepare your testimony and evidence to present at the hearing.
  6. Attend all legal proceedings. Attend every court date and meeting. Punctuality is essential. Follow all court orders. If the court sets conditions before or during the hearing, follow them precisely to avoid further legal trouble.

Reasons Why a Protective Order Might Be Filed

  • Allegations of domestic violence. If someone claims they have been harmed or are in fear of imminent harm due to domestic violence, they might file for a protective order.
  • Stalking behavior. Repeated following or harassment that instills fear in someone can lead to a protective order.
  • Threats of harm. Credible threats, whether verbal or through actions, can be grounds for someone seeking a protective order.
  • Previous violent behavior. If there is a history of violence, a court might issue a protective order to prevent future incidents.
  • Intimidation tactics. Using fear to control or manipulate someone else can lead to legal action, such as filing a protective order.

Other Types of Orders To Note

While protective and restraining orders are the most common, other legal orders can also affect your life. For example, peace orders prevent disputes between individuals who do not have a close personal relationship. Civil protection orders might be used in neighbor disputes or between co-workers.

Understanding the different types of orders is essential for protecting your rights and respecting the rights of others. The court issues orders like these to manage conflict and ensure personal safety. They require all parties involved to adhere to specific behaviors to avoid legal penalties.

You should know the details of any order issued against you or that you request, as compliance is not optional but mandatory.

Legal Consequences for Violating a Protective or Restraining Order

Legal consequences for violating a protective or restraining order

Violating a protective or restraining order is a serious offense that can lead to criminal penalties, including jail time.

Ignoring the terms of these orders not only endangers the protected individuals but also demonstrates a disregard for the law. The court can impose strict penalties, including extended protective orders, fines, or more severe legal actions.

If accused of violating an order, seek legal advice immediately. A defense lawyer can help argue your case and potentially minimize the consequences. Remember, violating a protective or restraining order is a criminal offense beyond the original reasons for placing the order.

The Top Reasons You Need a Criminal Defense Lawyer To Fight for Your Rights

  • Expert legal guidance. Navigating the complexities of protective and restraining orders can be challenging without professional help. A criminal defense lawyer will guide you through the legal process, ensuring you know every step.
  • Defense strategy development. Your lawyer will develop a strategic defense tailored to your specific case, which can include challenging the basis of the order or negotiating terms.
  • Representation in court. Having a lawyer represent you in court can greatly affect how your case is resolved. They will speak on your behalf and aim to present a clear, compelling defense.
  • Protection of your rights. A lawyer ensures that your legal rights are protected throughout the court proceedings. They will watch for any potential violations and act to correct them.
  • Handling violations. If you're accused of violating an order, a lawyer can help you defend against these allegations and work to mitigate the consequences.

Contact Our Baltimore Protective Order Lawyer for a Free Case Consultation

Contact our Baltimore protective order lawyer for a free case consultation

If you’re facing issues related to protective orders or restraining orders, don’t hesitate to reach out to Innovate Criminal Defense Lawyers. Our experienced team is ready to provide a free consultation to discuss your case and explore your options. We understand the sensitivity of these matters and are here to support you with comprehensive legal assistance.

We have a history of successful case results and strong client reviews. Contact us today to ensure your rights are protected and to start building a strong defense.

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