This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Sample Restraining Order Form With Envelope Attached In Maryland
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Multi-State
Control #:
US-000290
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Word;
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FAQ
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year. The plaintiff will be directed to go to the clerks counter to wait for the order.
Because a protective order is a civil court order, a victim can drop an order of protection. The victim must return to the court and ask the judge to dismiss the order.
The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.
Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.
As long as a protective order hasn't expired, you can ask the court to modify or change it. That includes asking to rescind or extend it. Complete a Petition to Modify/Rescind/Extend (form CC-DC-DV-006). The clerk will notify the Respondent and schedule a hearing within 30 days.
Do peace orders or protective orders go on “ your record”? Both of these orders appear on the Maryland Judiciary Case search which is a public database of the Maryland court system. In some cases, you may shield them from public view.
Notice of Intention to Defend - This is a form located on the bottom of your summons. Complete the Notice of Intention to Defend if you dispute owing all or some of what the plaintiff claims. The completed form must be returned to the Maryland District Court location listed at the top of your summons.