If you’re considering filing a claim for domestic violence, it’s important to follow specific steps before you can submit a petition in court. Here’s a guide to help you navigate the process:
Steps to File a Petition:
- Document the Abuse: Include a detailed history of abuse, including any injuries sustained.
- Record Previous Actions: Note any past or ongoing legal actions between you and the abuser.
- Locate the Abuser: Provide the current whereabouts of the abuser if known.
- Assess Financial Situation: If seeking financial relief, include details about the abuser’s financial resources.
- Identify Vulnerable Parties: If children or vulnerable adults are involved, indicate their current whereabouts.
You can file the completed petition with the Clerk of the Circuit Court, District Court, or Court Commissioner if the clerk’s office is closed. Contact information for the person seeking relief may be excluded from the documents.
Types of Protective Orders:
Interim Protective Order:
- Issued when there’s reason to believe abuse has occurred.
- Orders may include prohibiting the abuser from further abuse, contacting the victim, entering their residence, or staying away from their workplace or home.
- In cases involving children, the order may include temporary custody.
- A Temporary Protective Order (TPO) hearing will follow, which the petitioner must attend. If the abuser does not appear, the hearing will continue in their absence.
Temporary Protective Order (TPO):
- Granted when abuse is reasonably believed to have occurred.
- Prohibits the abuser from further abuse, contact, entering the residence, or approaching the victim’s workplace or childcare provider.
- Can require the abuser to vacate the home and grant temporary custody of minor children to the petitioner.
- Lasts up to 7 days until a final protective order hearing.
Final Protective Order:
- Issued after a hearing where the court determines eligibility for protection, typically lasting up to twelve months, or eighteen months in some cases.
- Requires the abuser to cease all forms of abuse, contact, and proximity to the victim, their residence, and their work or school.
- May also include decisions about child custody, support, visitation, and other relief such as counseling and firearm surrender.
Failure to comply with a protective order can result in criminal prosecution and other legal consequences. Learn more about Shah & Kishore – Family Law Attorneys.
For tailored legal advice and to navigate your specific situation, consider consulting an experienced domestic violence lawyer in Maryland.
For more details, visit Maryland Law Office’s Protective Orders Resource.
