Protective orders are binding legal documents intended to protect individuals who are victims of domestic violence. Under the law, domestic violence does not just occur between a husband and a wife. Protective orders are available in cases involving violence between a parent and child, a boyfriend and girlfriend, and in other cases of family violence.
If you are concerned about your safety due to threats or actual assaults from a family member, or loved one contact a family law attorney immediately — take action to protect your safety and the safety of your children.
Malech Law ∙ Serving Maryland and DC
From our offices in Bethesda, Malech Law offers legal help with protective orders to individuals of all of Maryland and the greater Washington, DC metro area. Attorney Lloyd A. Malech is a seasoned and aggressive lawyer with 20+ years of experience using all legal means available to protect his clients from domestic violence.
Protective Orders and Restraining Orders: The Basic Process
If your spouse, domestic partner, or other family member has threatened or assaulted you, you may go to court immediately and get a short-term protective order (these are also called ex parte orders). You are not required to give notice to your partner before you get the short-term order.
After the short-term protective order is issued, it must be served on the defendant, who is entitled to a full hearing. At the hearing, witnesses will present testimony so a judge can decide whether an incident of domestic violence did in fact take place. If the judge believes that you — or your children — are under a legitimate threat of violence from a family member, the judge may issue a long-term protective order, also called a stay-away order.
The stay-away order can require the defendant to move out of the house and to stay away from your home, your workplace, your children, and your children’s school. Protective orders are usually valid for one year and may be renewed.
If the subject of the stay-away order violates the protective order, it becomes a criminal matter with consequences that could include fines, probation, or jail time.
Get Speedy Legal Assistance With Restraining Orders
Time is of the essence when dealing with family violence. At Malech Law, we return telephone calls and e-mails promptly and provide efficient help filing for protective orders.