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Domestic Violence
Domestic violence can occur in all socioeconomic classes. Maryland law protects current and former
spouses; any person related to the abuser by blood, marriage or adoption; a
person living with the abuser; a parent, stepparent, child or stepchild who
has lived with the abuser or a victim of the abuse for 90 days within the
year prior to the abuse; and a vulnerable adult who lacks the physical or
mental capacity to care for his or her self.
These people are legally referred to as “persons eligible for
relief”.
Abuse is defined as an act
that causes serious bodily harm; an act that places a “person eligible for
relief” in serious fear of imminent serious bodily harm; an assault in any
degree; a rape or sexual offense; attempted rape or sexual offense; and false
imprisonment.
How Can One Obtain a Restraining Order?
You cannot obtain something
called a “restraining order” in Maryland.
A Protective Order may be sought by persons eligible for relief who
are experiencing abuse.
One can obtain a
Protective Order from the either the District Court or the Circuit
Court. The Protective Order can
provide relief from threats and abuse.
The Protective Order can order the abuser to refrain from contacting a
victim at the victim’s school, home, place or employment; it can award
temporary use and possession of the home to the victim; it can award
temporary custody of children to the victim; it can require an abuser to
surrender his or her firearms; it can order an abuser to participate in
counseling; it can establish visitation schedules, award temporary monetary
support (also known as “maintenance”); and it can award temporary use of a
jointly owned vehicle.
A Protective Order is not
the same thing as a Peace Order. A
peace order is obtainable by more persons than those listed as the “persons
eligible for relief” above. Additionally,
peace orders provide relief for more situations than those described
above.
There is no filing fee for
a Protective Order.
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