Understanding Protective And Peace Orders
Protective and peace orders allow victims of certain types of abuse to receive protection and other kinds of relief. It is not unusual to see peace and protective orders in conjunction with assault charges. The key difference between a protective and peace order lies in the relationship between the alleged victim and the alleged abuser.
On one hand, protective orders regularly cover issues related to current and former spouses, relatives, vulnerable adults, people who live together and people who have a child in common. On the other hand, peace orders are generally available for people otherwise not qualified to receive a protective order.
Potential Consequences When Facing A Protective Or Peace Order
While hearings are civil in nature, having a restraining order lodged against you can still have serious consequences. The person seeking the protective order can be awarded the home you share, custody of the children and monetary support, including child support.
If you have a restraining order in place, you cannot possess a firearm, which can be a huge problem for someone who needs to carry or use a firearm for reasons of employment. These are just a few potential consequences at stake at a peace or protective order hearing in Maryland. While peace orders can remain in effect for up to six months, protective orders can last up to one year.
Further, enforcing a restraining order can have significant consequences for the person alleged to have violated the order. If, as a respondent, you violate the “stay away” portion of the order, you may be arrested with or without a warrant. To make matters worse, you can be incarcerated without bail if you are accused of violating the order by abusing the protected person.
Having a lawyer at these hearings is crucial, especially if you are facing assault charges. Everything you say at these hearings is under oath, so your wohttps://www.ortegalaw.net/criminal-defense/assault/rds can be used against you in future criminal proceedings. A knowledgeable attorney from Ortega Law, in Pasadena, will be able to advise you if you should challenge your accuser or agree to the protective order with a few conditions of your own.
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Let’s work on a solid defense to protect your rights, standing in society and your future. Contact our office at 410-650-8543 in Anne Arundel County. You can also fill out this online form to schedule an appointment.