Introduction: What is a Restraining Order?
A restraining order can offer protection in cases where individuals feel threatened or vulnerable. If you are a victim of domestic abuse, you have a stalker, or somebody is harassing or threatening you, you may be thinking about getting a restraining order. Restraining orders are legal orders, which prevent individuals from coming near you or contacting you. Restraining orders are also known as protective or peace orders.
If you feel threatened or afraid, or you have been subjected to physical, verbal or emotional abuse, it’s important to understand that there are legal protections in place. In this guide, we’ll outline essential steps to help you understand how to get a restraining order.
How to Get a Restraining Order
To get a restraining order in Maryland, you’ll need to provide evidence to a judge. There are essential steps involved in petitioning for both peace and protective orders. These include:
1. Determine Eligibility: Can You Get a Restraining Order?
The first step is to make sure you are eligible to get a restraining order. If you are unsure whether or not you qualify, the best thing to do is to contact legal professionals and get advice. Understanding the differences between different types of restraining orders, who you can take out a restraining order against, and what constitutes abuse or threats of abuse, harm or harassment can help you determine whether you will be able to take out a restraining order on somebody.
2. Gather Necessary Documents for Filing
The next stage involves gathering the necessary documents to file a restraining order. You can search for information online by typing ‘What do I need for a restraining order?’ or seek advice from a legal team. It’s beneficial to provide detailed information on your petition forms and collect as much evidence as possible, including photographs, police and medical reports and witness statements.
3. Complete the Restraining Order Forms Correctly
To get a restraining order, you will need to complete the forms correctly. Read the petition form carefully, follow the instructions and ask for advice if you have any questions. Include as much information as possible on the forms to support your claims. Check your forms thoroughly before submitting them.
4. File the Forms with the Court Clerk
Once you are confident that you have filled in the petition forms correctly, you will file the forms with the court clerk.
5. Attend the Restraining Order Hearing
After you have filed the petition for a restraining order, you will attend a restraining order hearing to explain why you want protection from the court. During this hearing, you can provide evidence, such as photographs, witness statements and police reports.
6. Receive the Judge’s Decision
The judge will make a decision and inform you about the protections granted to you.
7. Understand the Terms and Conditions of the Order
Once the judge has explained their decision, take your time to digest the information and make sure you understand what the order means.
8. Seek Legal Help or Support if Needed
If you have any questions or concerns about how to file a restraining order or what the terms and conditions of a restraining order mean, seek legal help and advice.
Why do People Take Out Restraining Orders?
There are many reasons why people may need additional protection. Examples of the most common reasons people seek restraining orders include:
- Domestic violence and abuse
- Threats to life
- Stalking
- Intimidating or threatening behavior
- Sexual assault or harassment
If you have been a victim of abuse, domestic violence, assault or harassment, or you are facing threats of abuse, assault or harassment, a judge may issue a restraining order, which prevents the individual in question from performing certain acts. Examples include visiting you, contacting you or coming within a certain distance of you, your home or your family members.
Understanding Different Types of Orders
There are two main types of restraining orders in Maryland. These include:
Protective Order
A Protective Order is issued by the court to offer protection from an alleged or proven abuser who has a specific type of relationship with the individual. Examples include your current or ex-spouse or domestic partner, the mother or father of your child, a blood relative and somebody with whom the alleged abuser had a romantic relationship. If you wish to take out a restraining order for anyone who doesn’t meet these criteria, you will need to file a Peace Order.
Peace Order
A Peace Order protects against abuse, threatening behavior or harassment when you don’t have a domestic relationship with the individual. Examples include work colleagues, neighbors and strangers.
Conclusion
If you’re worried about your safety, it’s important to understand how to get a restraining order and secure legal protection. Following the steps involved in getting a restraining order can help improve your chances of getting an order approved and avoid delays.
If you have any questions about how to do a restraining order, or you need advice, contact the experienced legal team at Kunka Law to schedule a free consultation.