Maryland Protective Order Defense Attorneys

Knowledgeable Defense Lawyer for Clients Subject to Protective Orders in Maryland

If you have been involved in a domestic dispute, or if you have been accused of domestic violence, you may have a protective order filed against you. While a protective order is in place, it is important to follow its terms. If you are accused of violating a protective order, you could face criminal charges in addition to any other charges related to the accusations against you. While these situations can be stressful, working with a criminal defense attorney can ensure that you will be able to respond correctly to a protective order and defend against restrictions that could limit your freedom and cause other problems for you and your family.

At Craig M. Kadish & Associates, LLC, we are ready to help you challenge a request for a protective order. We will provide you with representation during court hearings and help you demonstrate that long-term restrictions are not necessary. We will also work with you to defend against any related criminal charges while making sure you avoid doing anything that could lead to penalties for violating the terms of a protective order.

What Should I Do if I Am Served With a Temporary Protective Order?

In Maryland, a person may request a protective order based on accusations of violence, abuse, or threats by a member of their family or household. Qualifying relationships include:

Married spouses who are currently living together or separated
Former spouses who are divorced
Other relationships through marriage, blood, or adoption
People in a sexual relationship who have cohabitated for at least 90 days within the past year
People who have had a sexual relationship with each other within the past year
Parents who share a child
A vulnerable adult and their caretaker

A temporary protective order can be issued ex parte. This means that you can have a protective order filed against you without being given a chance to speak for yourself or defend against the accusations made by the petitioner. If a judge believes that there are reasonable grounds to issue a protective order based on the claims made by the petitioner in their petition for a protective order, they may put a temporary order in place. A temporary protective order will typically last for up to seven days.

If you have been served with a temporary protective order, it is important to read it closely to make sure you understand the restrictions the order has placed on what you can do. Even if you believe that the protective order was issued based on false accusations, you will face penalties if you violate any of its terms. It is usually best to avoid any contact with the accuser, since your words, emails, text messages, or voice mail messages could be used as evidence against you. Contact Craig M. Kadish & Associates, LLC as soon as possible to make sure you will be prepared to defend against additional restrictions and take the correct steps to address accusations of domestic violence and minimize any penalties that you may face.

What Restrictions Do Protective Orders Include?

Protective orders are intended to ensure the safety of the petitioner or other family or household members who may be named in the order. As part of a temporary protective order, you may be ordered to:

Cease all contact with the petitioner or other family members, including your children or others who live in your household
Leave a residence that you share with the petitioner
Stop all threatening or abusive behaviors
Stay away from the petitioner's home, workplace, or school, as well as locations frequented by others named in the order, such as your children's schools
Turn over any firearms that you own to law enforcement
Pay emergency financial support to the petitioner
Receive a mental health evaluation and/or attend counseling or treatment

This is not an exhaustive list of the terms that may be included in a protective order. A judge may impose any other restrictions that they believe are necessary to protect the health, safety, and well-being of the petitioner or other family or household members.

The Hearing for a Final Protective Order

After a temporary protective order is issued, a hearing will be scheduled to determine whether a long-term protective order is necessary. If a final protective order is issued at the hearing, it will typically remain in place for up to one year, although it can be extended for an additional six months after another hearing.

At the hearing for a final protective order, you will have the chance to address the accusations against you and present arguments and evidence showing why the final protective order should not be granted. Our attorney will help you prepare for the hearing and provide you with representation. We will work with you to demonstrate that the accusations against you are false or exaggerated, and we will advocate for solutions that will help you avoid restrictions that could affect your ability to live in your home and maintain custody of your children.

Meet With a Maryland Protective Order Defense Attorney Today

If you have been accused of domestic abuse, or if you have learned that a family member has requested a protective order that could place restrictions on your life, it is important to obtain legal representation as soon as you can. At Craig M. Kadish & Associates, LLC, our criminal defense lawyers are ready to assist you, protect your rights, address accusations of violence or abuse, and defend against a final protective order. Call us at 410-837-0020 or contact us online to set up a free consultation today.