A Maryland Petition to Modify/Rescind/Extend Protective Order is a legal document filed by a petitioner in the Maryland Circuit Court to request a change to an existing protective order. The petitioner is usually someone who is the subject of a protective order, such as a respondent or a respondent's attorney. There are three types of Maryland Petition to Modify/Rescind/Extend Protective Order: (1) Petition to Modify Protective Order; (2) Petition to Rescind Protective Order; and (3) Petition to Extend Protective Order. A Petition to Modify Protective Order is used to request a modification to the terms of an existing protective order. This may include changes in the conditions of the protective order, such as the duration of the order, or changes in the scope of the order, such as additional types of contact being restricted. A Petition to Rescind Protective Order is used to request that the court rescind or terminate an existing protective order. The petitioner must demonstrate that the protective order is no longer necessary or that the respondent has complied with the conditions of the order. A Petition to Extend Protective Order is used to request an extension of an existing protective order. The petitioner must demonstrate that the respondent has not complied with the conditions of the order and that an extension of the protective order is necessary. In all three types of Maryland Petition to Modify/Rescind/Extend Protective Order, the petitioner must provide detailed information about the case, the parties involved, and the reasons for the request. The court will then review the petition and make a decision on whether to grant the requested relief.
Maryland Petition to Modify/Rescind/Extend Protective Order
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FAQ
Yes, a Maryland Petition to Modify/Rescind/Extend Protective Order can address various conditions of the order. When you file this petition, you can request to change specific terms, including restrictions or obligations placed on the individuals involved. The court will evaluate your request based on the current situation and evidence presented. It's crucial to understand that making these modifications can significantly impact the dynamics between the parties involved.
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.
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.
Can I appeal a peace order? Yes, a peace order may be appealed to the Circuit Court in the county of the District Court that issued the judgment. The appeal will be heard "de novo," which means Petitioner must present their case all over again to the Circuit Court.
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.
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.
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.
How do I get a Peace Order or Protective Order expunged? You can get your order expunged. Under some instances, you may seek Shielding by the court. Shielding is the removal of the order from the Maryland Judiciary Case search, the public court database.
How long is a final peace order in effect? Up to six (6) months. The court may extend it for up to six (6) additional months.
