This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
Maryland USLegal Guide on Restraining Orders and No Contact Orders
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Multi-State
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US-GDE-09
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FAQ
1: Final Protective Order hearing. This is a formal hearing and the rules of evidence apply. As the person seeking relief, you hold the burden of proof by ?preponderance of the evidence,? to show more likely than not that the abuse occurred and you are eligible for relief.
NOTE: For temporary or final protective orders, the judge can order ?no contact,? which is exactly like it sounds ? your abuser cannot contact you for any reason. The judge can also order ?no abuse,? or ?no abusive contact,? which means that your abuser cannot abuse you, but could contact you for other purposes.
A judge grants an ex parte restraining order in Maryland when they are persuaded by a preponderance of the evidence that good cause exists for the person claiming to be fearful of harassment, death, or serious physical injury by the other party.
It simply depends on the circumstances. The Court may shield the FPO, if the FPO was denied or dismissed OR you consented to the entry of the protective order. In that case you may file a request with the Court to have all related records be shielded from public inspection.
As the person seeking relief, you hold the burden of proof by ?reasonable grounds? to establish that an act or incident occurred between you and the Respondent. As such, it is important that you disclose any proof of abuse or harassment you may have, including, pictures, police reports, medical records, witnesses, etc.
At a full hearing on the petition, the court may issue a protective order pursuant to § 19.2-152.10 if the court finds that the petitioner has proven the allegation that the petitioner is or has been, within a reasonable period of time, subjected to an act of violence, force, or threat by a preponderance of the ...
Md. Family Law Article §4-501 defines ?abuse? as; An act that causes serious bodily harm. An act that places you in fear of imminent serious bodily harm.
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.