Scenario: John and Jane are married. Recently, John and Jane have been experiencing marital problems. One day, at around 9:00am on a Friday morning, to both their dismay, a physical altercation ensued between John and Jane. Based on John’s actions, Jane was in fear of imminent bodily harm. Immediately following the altercation, Jane called her best friend, Lilly, and asked for advice. Lilly told Jane to go to the court and file for a peace order against John.
True or False? Lilly’s advice that Jane should file for a peace order against John is incorrect.
Jane jumped in her car immediately upon hearing Lilly’s advice and drove directly to the Upper Marlboro Courthouse. There, Jane ran to the court clerk and expressed that she needed to file for a peace order against her husband. The clerk informed Jane that she could not file for a peace order against her husband. Jane was noticeably distraught. The clerk then informed Jane that she could file for a protective order, not a peace order, against her husband.
The clerk explained to Jane (without giving legal advice, of course…) that peace and protective orders are civil orders issued by a judge that order one person to refrain from committing certain acts against others. Whether a petitioner files a peace or protective order depends upon the relationship between the petitioner and the respondent.
Protective orders generally apply to people in domestic relationships. If you (1) are the current or former spouse of the respondent, (2) are related to the respondent by blood, marriage or adoption, (3) are the parent, stepparent, child, or stepchild of the respondent or person eligible for relief, and have resided with the respondent for 90 days during the past year, (4) are or have been in a sexual relationship with the respondent and have resided with the respondent in the home for a period of at least 90 days within the last year, or (5) have a child in common with the respondent or have had a sexual relationship with the respondent within one year before the filing of the Petition, then you would file for a protective order. In Jane’s case, since John is her husband, she would file for a protective order.
The clerk gave Jane the protective order form to fill out. The form required Jane’s information, detail about the relationship between Jane and the respondent as well as information about what happened/why she was filing for a protective order and what relief she was seeking.
After giving the protective order form back to the clerk, Jane was then directed to a courtroom to wait for an available Judge who would be hearing her case. The Judge entered and Jane’s case was called. Under oath, the Judge asked Jane a series of questions about what happened between her and her husband. After hearing the set of facts, the Judge granted Jane a temporary protective order which he stated was valid for 7 days. Jane loudly responded stating, “valid for only 7 days, only 7 days?” At that time, the Judge explained that the hearing currently going on was a temporary hearing for a temporary protective order. The Judge told Jane that in 7 days, a final protective order hearing would be held where the Judge would determine, by a preponderance of the evidence, whether the respondent committed the alleged act(s) against Jane.
Jane left the courtroom with the understanding that she would return in 7 days in hopes of receiving the final protective order. Within those 7 days, Jane’s husband was served by the sheriff with notice of the temporary protective order and Jane began collecting evidence for the final protective order hearing.
Finally, it was the day of the final protective order hearing. Jane’s husband, the respondent, showed up for the hearing. Jane knew, from her research, that “if the respondent appears before the court at a protective order hearing or has been served with an interim or temporary protective order, or the court otherwise has personal jurisdiction over the respondent, the judge (1) may proceed with the final protective order hearing and (2) if the judge finds by a preponderance of the evidence that the alleged abuse occurred…the judge may grant a final protective order to protect any person for relief from abuse.” MD Code, Family Law § 4-506(c)(9). Jane put on her case to prove what occurred the morning that she felt in fear of imminent bodily harm at the hands of John. John responded. Based on the evidence presented, the judge found, by a preponderance of the evidence, that the abuse described by Jane did in fact occur and that a final protective order should be granted. Now, the judge needed to figure out what relief was warranted.
Jane, from her research, knew that a “final protective order may include any or all of the following relief, (1) order the respondent to refrain from abusing or threatening to abuse any person eligible for relief; (2) order the respondent to refrain from contacting, attempting to contact, or harassing any person eligible for relief; (3) order the respondent to refrain from entering the residence of any person eligible for relief ; (4) where the person eligible for relief and the respondent are residing together at the time of the abuse, order the respondent to vacate the home immediately and award temporary use and possession of the home to the person eligible for relief…” MD Code, Family Law § 4-506(d).
The judge prepared and granted the final protective order detailing the necessary relief and the length of time, not to exceed one year (unless for a good cause and after another hearing), that the order was valid for. Both John and Jane left the courthouse separately, but both hoped that things would get better after this.
So, True or False? Lilly’s advice that Jane should file for a peace order against John is incorrect. Answer: True!
It is important to note that though peace and protective orders are very similar, there are some acts that are only covered by peace orders. These acts include criminal harassment, criminal trespassing, malicious destruction of property, misuse of telephone facilities and equipment, misuse of electronic communication or interactive computer service, revenge porn and visual surveillance.
If you are the victim of an assault or if you have been accused of assault and need representation during your peace or protective order hearing, or you need information regarding the Court process of peace and protective orders, schedule a consultation with Best James Legal today.