Protective orders – often referred to as “restraining orders” – play an important role in divorce cases in Maryland. In addition to helping victims of domestic violence achieve an additional level of safety from their abuser, protective orders can play a role in situations where one spouse is attempting to take steps that are contrary to the other spouse’s legal rights. With a variety of orders and different standards to prove different types of orders, it can be confusing to know how and when to undertake these measures in the course of a divorce. The following information can help clarify protective orders in Maryland.
What is a Protective Order?
In Maryland, a protective order is a directive issued by a judge intended to limit harm to the person seeking the order, commonly referred to as the “petitioner.” Unlike a criminal case, these protective orders are a civil remedy that can be requested by or on behalf of a spouse or children of an abuser. The order establishes clear boundaries and consequences for behavior that violates it. Courts have a great deal of flexibility in addressing a wide range of situations, which allows judges to issue orders tailored to the specific circumstances.
Type of Protective Orders
Protective orders in Maryland come in three main types, each tailored to different levels of urgency and evidence:
- Interim (Emergency) Orders: Issued quickly – usually when courts are closed – these orders provide immediate protection and last until a judge can review the case.
- Temporary Protective Orders: Granted after an initial hearing, these orders remain in effect until a final hearing can be held, usually within seven days.
- Final (Permanent) Protective Orders: Issued after a full court hearing, final orders can last up to a year (and sometimes longer), providing ongoing protections and specific provisions tailored to the victim’s needs.
Each of these orders has specific rules about timing, notice to the other party, and the weight of the evidence in support of the requested order.
What Can Be Included in a Protective Order?
In Maryland, protective orders can be highly customized to meet the needs of the situation. The most common provisions include:
- Physical Restraint: These provisions include ordering the respondent to refrain from physical abuse of the victim and requiring the respondent to stay away from the victim’s home, workplace, or school.
- Communication Restrictions: These provisions prevent forms of contact like phone calls, texts, and emails, and they can also cover communications to third parties like revenge porn.
- Financial Provisions: The court can grant a petitioner a range of financial assistance, including possession of the family home and vehicle. Additionally, the order can include emergency financial support and prohibit the transfer or destruction of jointly owned property.
- Restricting Behavior: A protective order can prevent harassment, stalking, threats, or intimidation, and it can prevent the respondent from possessing firearms.
These orders may also address child custody and visitation, ensuring that any contact with children is safe and, if necessary, supervised.
For spouses who have been victimized by an abuser, the process of seeking a protective order can add to the trauma of the situation because it can feel intimidating to bring the issue to light. It can be confusing to know how to gather and organize evidence that supports a petition for a protective order and to understand how to respond to any counteraccusations or defenses of the abuser. Knowing exactly what to ask for can add to the confusion. In such cases, working with an advocate like an experienced family law attorney can be beneficial.