Peace and protective orders are civil violations. People often use the terms interchangeably, but there are distinct differences between the two. Because of the seriousness of protective/peace orders, the court usually schedules these hearings within one week from the temporary hearing. You need to hire a seasoned attorney immediately to ensue you prepare a winning legal strategy for trial. An Upper Marlboro peace and protective orders lawyer could help you fight against these restrictions.
What is a Peace Order?
Peace orders require a person to refrain from contacting and staying from the property of the Petitioner.
Who is Eligible for a Peace Order?
Individuals who do not have a blood relationship, children in common, or living together for 6 months. Peace orders are usually between neighbors and co-workers.
What Can a Judge Order?
The judge can order you to stay away and refrain from contacting the Petitioner. Unlike protective orders, the judge cannot order emergency family maintenance.
How Long Do Peace Orders Last?
Peace orders in Upper Marlboro usually last for a period of 6 months. However, a Petitioner can request an extension of the peace order for an additional six months.
What is a Protective Order?
A protective order is an order given by a court that requires a person to refrain from contacting, touching, and living with another.
Eligibility for Protective Orders
To petition for a protective order, the parties must be one of the following:
- Related by blood
- Have a child in common
- Had a sexual relationship within 90 days
- Lived together consecutively for a period of 6 months
A protective order in Upper Marlboro will be dismissed if your relationship does not fall into one of the above categories. This is because you cannot be eligible for both a protective order and a peace order.
Protective Order Length
Most protective orders last for a period of one year. However, protective orders can be indefinite in rare circumstances.
When Will I Have My Hearing?
Generally, final protective order hearings are held one week after the temporary protective order hearing. However, your hearing could be scheduled up to 30 days after the temporary protective hearing.
How an Attorney Can Defend a Peace or Protective Order
As a criminal defense attorney, we will investigate whether the peace or protective order was filed appropriately. If a person eligible for a peace order filed for a protective order, the could should dismiss the petition. Also, we must investigate the statute of limitations. The peace or protective order could be dismissed if the alleged violations occurred outside of the statutory limits. For example, a neighborhood cannot file a peace order for an alleged violation that occurred six months prior to the filing date.
We will read over the allegations and gather any documentation to defend you in court. This could be phone/text records or pictures. Additionally, we might need to call witnesses on your behalf in trial to properly defend the allegations. In some circumstances, the defendant does not want to proceed to trial and consent to the peace/protective order. If you choose to consent, you will be eligible to shield the peace or protective order in the future if there are no violations. Call today to learn more about your defense options from an Upper Marlboro peace and protective orders lawyer.