The Maryland Petition To Modify/Rescind/Extend Protective Order is a legal document used by victims of domestic violence, or persons seeking protection from abuse, harassment, stalking, or any other kind of violent behavior. This petition can be used to modify, rescind, or extend a protective order issued by a Maryland court. It can also be used to request a new protective order. The petition must be filed in the district court of the county where the petitioner resides, or the county where the alleged abuser resides. The petitioner must provide their name, address, and contact information, and provide a detailed description of the acts of abuse, harassment, or stalking that they are seeking protection from. The petitioner must also provide any evidence they have of the abuse, such as police reports, medical records, photographs, or witness statements. The types of Maryland Petition To Modify/Rescind/Extend Protective Order include: Petition To Modify Protective Order, Petition To Rescind Protective Order, and Petition To Extend Protective Order.
Maryland Petition To Modify/Rescind/Extend Protective Order
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FAQ
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.
Yes, you can ask the court to rescind a protective order. Notice must be given to all affected persons eligible for relief and the respondent. A hearing is also required. The court form is available online through the Maryland Courts website.
We are frequently asked how a person can remove a civil peace or protective order or other civil cases from public view. It cannot be expunged in Maryland.
5: Extending a Peace Order. After a hearing and good cause shown, the Court may extend the length of a Peace Order by six (6) months. The form you use to make this request is available at the Clerk's office where you originally obtained the Peace Order.
For the order to be modified or extended in Maryland, the petitioner must file a request in writing that explains the reason for the order to be changed or extended. The court schedules a hearing and sends notice to both parties to come to court to be heard on the issue.
It's a crime to violate certain conditions of a protective order, such as contacting, harassing, or abusing someone. File criminal charges at a commissioner's office or call police, who may arrest someone who violates an order. If found guilty, they face up to 90 days in jail and up to $1,000 in fines.
You must prove by a "preponderance of the evidence" that you need protection. Preponderance of the evidence simply means more likely than not. Evidence includes your testimony and any other proof you have of the alleged abuse.
Maryland peace orders are serious civil court orders, and they can stay on your record in forever if you don't take action.