Protective Orders

Published on: June 27, 2023

Common Questions About Shielding Peace Orders – 2023 Update

Who are the parties in a Peace Order proceeding?

In a Peace Order proceeding, the person who filed a Petition for Peace Order is called the “Petitioner,” and the person against whom the Petition was filed is called the “Respondent.”

What acts can be grounds for a Peace Order in Maryland?

A person can file a Petition for a Peace Order based on any of the following acts:

An act that causes serious bodily harm;
An act that places the Petitioner or Petitioner’s employee in fear of imminent serious bodily harm;
Assault in any degree;
False imprisonment;
Harassment;
Stalking;
Trespass;
Malicious destruction of property;
Misuse of telephone facilities and equipment;
Misuse of electronic communication or interactive computer service;
Revenge porn; or
Visual surveillance.

Are Peace Order records open to the public?

In Maryland, most court records are open to the public. Records of Peace Order proceedings are included among the types of records that are open to the public.

A Peace Order can cause serious collateral consequences for the Respondent, such as difficulties in seeking employment or obtaining a lease. However, Maryland law allows records of Peace Order proceedings to be shielded in certain circumstances.

What is a court record?

The court record of a Peace Order proceeding can include an index, docket entry, petition, memorandum, transcript, electric recording, judgment, and any electronic information about the proceeding on the Maryland Judiciary Case Search website.

What is shielding?

Shielding means that the records are removed from public inspection. Shielding of the court records of a Peace Order proceeding does not destroy or erase the records. Shielding does not remove information about the proceeding from the Domestic Violence Central Repository.

For physical records kept in a courthouse, shielding means moving those records to a separate secure area that can only be accessed by someone who has a legitimate reason to access the records.

For electronic records, shielding completely removes all information about the Peace Order proceeding from the Case Search website. This includes the case number, parties’ names, any reference to the Peace Order proceeding, and any reference to the removal of the Peace Order proceeding from the Case Search website.

Who can access a shielded record of a Peace Order proceeding?

For a legitimate reason, a law enforcement officer, an attorney who represents or has represented the Petitioner or the Respondent, a State’s Attorney, an employee of a local Department of Social Services, or a victim services provider can access a shielded record.

Other persons may subpoena or file a motion for access to a shielded record. The court may grant access to a shielded record if the court finds that the requestor has a legitimate reason to access the record. In considering such a request, the court must balance the requestor’s need for access to the record with the parties’ right to privacy and the potential harm of unwarranted adverse consequences to the parties that may be created by the disclosure of the shielded record.

Who is eligible to shield a Peace Order?

The Petitioner, Petitioner’s employee, or Respondent may file a request to shield the court records related to a Peace Order proceeding.

Records related to a Peace Order that was denied or dismissed at the interim, temporary, or final stage are eligible for shielding.

If the Respondent consented to the entry of the Peace Order, the records related to the proceeding are eligible for shielding.

If a Final Peace Order was entered after a contested hearing, records related to the Peace Order proceeding are not eligible for shielding.

When can I file a request to shield Peace Order records?

If the Peace Order was denied or dismissed, a request to shield can be filed 3 years after the denial or dismissal. The requestor can skip this 3-year waiting period if the requestor files a general waiver and release of all tort claims related to the proceeding.

If the Respondent consented to the entry of the Peace Order, a request to shield can be filed any time after the expiration of the Peace Order. If the request to shield was filed within 3 years of the consent to the entry of the Peace Order, the requestor must file a general waiver and release of all tort claims related to the proceeding.

What is the process when a request to shield is filed?

When a request to shield records of Peace Order proceedings is filed, the court will schedule a hearing on the request to shield and will give notice of the hearing to the other party or the other party’s attorney of record.

Flowchart: Shielding of denied or dismissed Peace Orders

The following flowchart explains the considerations that the court will apply to a request to shield the records related to a Peace Order that was denied or dismissed at the interim, temporary, or final stage.

Flowchart: Shielding of Peace Orders entered by consent

The following flowchart explains the considerations that the court will apply to a request to shield the records related to a Peace Order that was entered by the Respondent’s consent.

Navigating the court system can be a difficult and stressful process. If you are considering trying to shield records related to a Peace Order proceeding, we encourage you to speak to an experienced family law attorney at Silverman Thompson who can assist you in navigating the process from start to finish.

For more information, contact Monica Scherer, Esq. at 410-625-4740.

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Published on: June 22, 2023

Common Questions About Shielding Protective Orders – 2023 Update

By Monica Scherer

Who are the parties in a Protective Order proceeding?

In a Protective Order proceeding, the person who filed a Petition for Protective Order is called the “Petitioner,” and the person against whom the Petition was filed is called the “Respondent.”

What are the acts of abuse that can be grounds for a Protective Order in Maryland?

As defined in the Protective Order statute, “abuse” means any of the following acts:

An act that causes serious bodily harm;
An act that places a person eligible for relief in fear of imminent serious bodily harm;
Assault in any degree;
Rape or sexual offense;
Attempted rape or sexual offense;
False imprisonment;
Stalking; or
Revenge porn.

Are Protective Order records open to the public?

In Maryland, most court records are open to the public. Records of Protective Order proceedings are included among the types of records that are open to the public.

The entry of a Protective Order can cause serious collateral consequences for the Respondent, such as difficulties in seeking employment or obtaining a lease. However, Maryland law allows records of Protective Order proceedings to be shielded in certain circumstances.

What is a court record?

The court record of a Protective Order proceeding can include an index, docket entry, petition, memorandum, transcript, electric recording, judgment, and any electronic information about the proceeding on the Maryland Judiciary Case Search website.

What is shielding?

Shielding means that the records are removed from public inspection. Shielding of the court records of a Protective Order proceeding does not destroy or erase the records. Shielding does not remove information about the proceeding from the Domestic Violence Central Repository.

For physical records kept in a courthouse, shielding means moving those records to a separate secure area that can only be accessed by someone who has a legitimate reason to access the records.

For electronic records, shielding completely removes all information about the Protective Order proceeding from the Case Search website. This includes the case number, parties’ names, any reference to the Protective Order proceeding, and any reference to the removal of the Protective Order proceeding from the Case Search website.

Who can access a shielded record of a Protective Order proceeding?

For a legitimate reason, a law enforcement officer, an attorney who represents or has represented the Petitioner or the Respondent, a State’s Attorney, an employee of a local Department of Social Services, or a victim services provider can access a shielded record.

Other persons may subpoena or file a motion for access to a shielded record. The court may grant access to a shielded record if the court finds that the requestor has a legitimate reason to access the record. In considering such a request, the court must balance the requestor’s need for access to the record with the parties’ right to privacy and the potential harm of unwarranted adverse consequences to the parties that may be created by the disclosure of the shielded record.

Who is eligible to shield a Protective Order?

Both the Petitioner and Respondent may file a request to shield the court records related to a Protective Order proceeding.

Records related to a Protective Order that was denied or dismissed at the interim, temporary, or final stage are eligible for shielding.

If the Respondent consented to the entry of the Protective Order, the records related to the proceeding are eligible for shielding.

If a Final Protective Order was entered after a contested hearing, records related to the Protective Order proceeding are not eligible for shielding.

When can I file a request to shield Protective Order records?

If the Protective Order was denied or dismissed, a request to shield can be filed 3 years after the denial or dismissal. The requestor can skip this 3-year waiting period if the requestor files a general waiver and release of all tort claims related to the proceeding.

If the Respondent consented to the entry of the Protective Order, a request to shield can be filed any time after the expiration of the Protective Order. If the request to shield was filed within 3 years of the consent to the entry of the Protective Order, the requestor must file a general waiver and release of all tort claims related to the proceeding.

What is the process when a request to shield is filed?

When a request to shield records of Protective Order proceedings is filed, the court will schedule a hearing on the request to shield and will give notice of the hearing to the other party or the other party’s attorney of record.

Flowchart: Shielding of denied or dismissed Protective Orders

The following flowchart explains the considerations that the court will apply to a request to shield the records related to a Protective Order that was denied or dismissed at the interim, temporary, or final stage.

Flowchart: Shielding of Protective Orders entered by consent

The following flowchart explains the considerations that the court will apply to a request to shield the records related to a Protective Order that was entered by the Respondent’s consent.

Navigating the court system can be a difficult and stressful process. If you are considering trying to shield records related to a Protective Order proceeding, we encourage you to speak to an experienced family law attorney at Silverman Thompson who can assist you in navigating the process from start to finish.

For more information, contact Monica Scherer, Esq. at 410-625-4740.

Continue reading →

Published on: December 30, 2020

Common Questions About Peace Orders In Maryland

By Monica Scherer

What is a peace order?

By Maryland statute, a peace order is a court order that requires another person to stay away from you and not contact you. Do not confuse a peace order with a protective order. If you are related to the other person, have a sexual-type relationship with the other person, or are a victim of sexual assault, you should consider a protective order, not a peace order. A peace order is for issues with a neighbor, co-worker, stranger, etc., and it only applies if you do not have a familial or intimate relationship with the other person.

Where do I file for a peace order in Maryland?

If you need to file for a peace order, visit the clerk’s office of your local District or Circuit Court, Monday through Friday from 8:30 a.m. until 4:30 p.m. If the District or Circuit Court is closed you may file for a Peace Order with your local District Court Commissioner. They are generally available 24 hours per day, 7 days per week. You can locate your nearest District Court Commission on the Maryland Court’s website here. This site also has links to the Petition For Peace Order Form and the Peace Order Addendum Form that the Court will require you to fill out.

Is there a deadline to file for a peace order?

Yes. You must file a Petition For Peace Order within 30 (thirty) days of the act or incident. If you are not a resident of Maryland, then the act or incident must also have occurred in Maryland.

Why should I file for a peace order?

If you have experienced any of the following acts by another person (that you are not related to, and not in a sexual-type relationship with), you should consider filing a Petition For Peace Order:

An act that causes you serious bodily harm (punched, hit, kicked, choked, stabbed, etc.)
An act that places you in fear of imminent bodily harm (and you have taken it seriously)
Assault
False imprisonment

In addition, if you have been subject to the criminal standard of the following acts, you should consider filing a Petition For Peace Order:

Rape, attempted rape, or sexual assault
Harassment
Stalking
Trespass
Malicious destruction of property
Misuse of telephone or electronic communication
Revenge porn

What do I need to prove to obtain a final peace order in Maryland?

In order for the Court to grant you a peace order, you will need to prove two things to a judge by a “preponderance of the evidence.” You need to prove that it is more likely than not that:

the other person committed the act within 30 days of filing the Petition and
that the other person is likely to commit an act again.

What can the Court grant in a Maryland peace order?

When you file your Petition for Peace Order, if a Commissioner or Judge finds that there are reasonable grounds to believe that the other party has committed the act you describe in your petition, and is likely to commit an act again in the future, you will be granted an interim peace order (from a commissioner) or a temporary peace order (from a judge). This interim peace order or temporary peace order is meant to provide you immediate relief until the final peace order hearing where both you and the other person will have the opportunity to testify and provide evidence to the judge. The interim peace order generally lasts for two days, the temporary peace order generally lasts for one week, and the Final Peace Order can last for up to six months, but can be extended for up to an additional six months.

When an interim peace order or temporary peace order is granted, the Court can order:

the other person to not commit an act against you;
the other person to not threaten or harass you;
the other person to have no contact with you; and
the other person to stay away from your home, work, child care, or school.

When a final peace order is granted, the Court can order:

the other person to not commit an act against you;
the other person to not threaten or harass you;
the other person to have no contact with you;
the other person to stay away from your home, work, child care, or school;
direct the other person or you to participate in professional counseling, or mediation if both you and the other person agree; and
the other person to pay your filing fees and court costs.

If you or someone you know is in need of a peace order, we encourage you to speak to an experienced family attorney at Silverman Thompson who can help you decide the right choice that is specific to your circumstance.

For more information, contact Monica Scherer, Esq. at 410-625-4740.

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Published on: December 24, 2020

Common Questions About Protective Orders In Maryland

By Monica Scherer

What is a protective order?

By Maryland statute, a protective order is a court order that says one person must refrain from doing certain acts against another person. While not legally accurate, many people commonly refer to a protective order as a retaining order or ex parte.

Who can obtain a protective order in Maryland?

In order for the Court to grant you a protective order, you must testify before a judge that you have a certain type of relationship with the person you want to be protected from.

The following relationships qualify for a protective order in the State of Maryland if you:

Are married, divorced, or currently separated;
are related by marriage, blood, or adoption (this includes stepparents and stepchildren if they have lived with you for at least 90 days in the past year);
have lived together in a sexual relationship for at least 90 days in the past year;
are the parents of a child together;
have had a sexual relationship with each other in the past year;
are a vulnerable adult; or
were raped or sexually assaulted by the other person (including attempts) in the past six months.

Where do I file for a protective order in Maryland?

If you need to file for a Protective Order, visit the clerk’s office of your local District or Circuit Court, Monday through Friday from 8:30 a.m. until 4:30 p.m. If the District or Circuit Court is closed you may file for a Protective Order with your local District Court Commissioner. They are generally available 24 hours per day, 7 days per week. You can locate your nearest District Court Commission on the Maryland Court’s website here. This site also has links to the Petition For Protective Form that the Court will require you to complete.

Why should I file for a protective order?

If you have been abused by being placed in fear of serious imminent bodily harm (threats of bodily harm that you have taken seriously), been subject to an act that causes serious bodily harm (punching, hitting, kicking, choking, stabbing, shot, etc.), assaulted, attempted rape or sexual assault, raped or sexually assaulted, falsely imprisoned, stalked (criminal standard), subjected to revenge porn or your child has been subjected to mental injury, the Maryland Courts have a process to help protect you from further abuse. If you are being victimized by someone you have an intimate or familial relationship with, you should file a Petition for Protection from Abuse (the document you will fill out to try to obtain a Protective Order). It is important to note a protective order may not be obtained based on harassment. If you are being harassed, you may qualify for a peace order, but not a protective order.

What do I need to prove to obtain a final protective order in Maryland?

In order for the Court to grant you a protective order, you will need to prove two things to a judge. First, you will need to prove that you and the person you want to be protected from have a qualifying relationship, meaning that you are eligible to receive assistance (also called “relief”) from the Court. Second, you will need to prove that the person committed harmful acts and abuse against you. You must prove these two things to the judge by a “preponderance of the evidence,” meaning that it is more likely than not that you are a person eligible for assistance and that the person committed harmful acts/abuse against you.

What can the Court grant in a Maryland protective order?

When you file your Petition for Protection, if a Judge finds that you are a person eligible for relief, you will be granted a temporary protective order. This temporary protective order is meant to provide you immediate relief until the final protective order hearing where both you and the other person will have the opportunity to testify and provide evidence to the judge. The temporary protective order generally lasts for one week and the final protective order can last for up to one year.

When a temporary protective order is granted, the Court can order:

The other person to stop abusing, threatening, or harassing you;
the other person to have no contact with you;
the other person to stay away from your home, work, child care, or school;
the other person to leave your home (if you are married OR if your name is on the lease or deed); and
if applicable, address temporary child custody, possession of a pet, safeguards at child-care providers, and possession of firearms.

When a final protective order is granted, the Court can order:

The other person to stop abusing, threatening, or harassing you;
the other person to have no contact with you;
the other person to stay away from your home, work, or school;
the other person to leave your home and award use and possession of the home (if you are married OR if your name is on the lease or deed);
if applicable, surrender of possession of a pet and possession of firearms;
if applicable, use and possession of a jointly owned vehicle (your name must be on the title);
if applicable, counseling for domestic violence or substance abuse;
if applicable, custody of children in common and a temporary child access or visitation schedule;
if applicable, emergency family maintenance or financial support; and
any other relief that a judge determines may be necessary to protect you from abuse.

If you or someone you know is in need of a protective order, we encourage you to speak to an experienced family attorney at Silverman Thompson who can help you decide the right choice that is specific to your circumstance. For more information, contact Monica Scherer, Esq. at 410-625-4740.

Monica L. Scherer, Esq.

mscherer@silvermanthompson.com

(410) 385-2225

Joseph S. Stephan, Esq.

jstephan@silvermanthompson.com

(410) 385-2225

Erin D. Brooks, Esq.

ebrooks@silvermanthompson.com

(410) 385-2225

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Published on: April 9, 2020

Coping with domestic violence during the COVID-19 pandemic

By Monica Scherer

Due to the ongoing COVID-19 pandemic, family units are quarantining together worldwide. These sudden movement restrictions aimed towards halting the spread of the coronavirus may be a direct and proximate cause for a surge in domestic violence complaints. A Side Effect of Coronavirus: Maryland Experts say more Domestic Violence, Fewer Victims Seeking Help. According to experts, complaints of domestic abuse often increase when families are forced to spend extensive amounts of time together. Now, with families on lockdown and the government placing restrictions on all forms of public gatherings, the forced proximity and stress of the coronavirus outbreak has become a primary factor in this continuing rise of violence within homes.

In areas such as Baltimore, law enforcement has yet to experience an increase in the volume of domestic violence calls, however Baltimore-area service providers believe that this can be attributed to victims being confined with their abusers, thereby creating an environment in which they are unable to reach out themselves. Domestic Abusers Can Control Your Device. There also seems to be widespread confusion regarding what services and resources are available during this time, which inhibits victims from coming forward.

While the quarantines will eventually end, the danger to individuals in abusive relationships seems to intensify as the confinement drags on. If you or someone you know is currently quarantined with an abusive partner during this pandemic, we encourage you to seek help using the resources and tools provided below. In many states such as Maryland, nonprofit agencies will assist victims of domestic violence either get to a safer location or guide them through securing a get-away plan for when they are ready to leave regardless of a stay-at-home order. The House of Ruth, a domestic violence shelter in Maryland, has thus far maintained its emergency shelter will remain open for women and children during the pandemic. Shelters Gird for Domestic Violence Spike During Covid-19 Outbreak. A link to the complete set of agencies and hotlines still operating during the coronavirus outbreak are provided for your use. Maryland Domestic Service Providers. Additional hotline information is provided for those who wish to contact service providers specializing in domestic abuse for support and guidance. The Maryland Judiciary has provided direction that although Maryland courts are closed for most matters, victims of domestic violence can still seek protective orders during the pandemic. At the present time Petitions are to be filed with the District Court Commissioner and the direction from the Judiciary is to call ahead.

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Published on: April 7, 2020

Can I still get a Protective Order, Peace Order, or Extreme Risk Protective Order with the court closures due to COVID-19?

By Monica Scherer

The short answer is yes, if your situation meets the statutory requirements for a protective order, peace order or extreme risk protective order, you may still obtain an interim order of protection. Pursuant to the Maryland Court of Appeals Chef Judge Administrative Order issued March 25, 2020, all petitions for new protective orders, peace orders, and extreme risk protective orders are to be handled by the District Court Commissioners’ office in the County/City where you would normally file. If granted by the Commissioner, the Interim Order will remain in place until further action is taken by the Court. As of now (April 7, 2020), the temporary hearings are being set for May 4 and 5, 2020 which may be subject to change, if the Administrative Order is modified.

If you are in need of protection and are seeking a protective order, peace order or extreme risk protective order, you should call the District Court Commissioner in your county or City first to obtain instructions on where to go.

If you need legal assistance, you should contact an attorney with experience in representing clients with Protective Orders, Peace Orders, and Extreme Risk Protective Orders.

Published on: March 10, 2017

Protective Orders in Divorce Cases

By Monica Scherer

A bill was approved by the Maryland House repealing the language of a Maryland Family Law Statute which prohibits decisions in domestic violence proceedings from being admitted into evidence during divorce trials. Current law states that courts cannot consider decisions or orders made in Protective Order proceedings during the divorce trial. Final Protective Orders may be granted after a domestic violence incident and can provide for temporary custody, visitation and use and possession of the marital home. The bill will have to be approved by the Senate and Governor before becoming law.

Published on: November 29, 2012

Maryland Opening Domestic Violence Visitation Center

By Monica Scherer

Baltimore will soon be the home to a supervised visitation center according to CBS Baltimore’s report on November 27, 2012. The Safe Havens center will allow victims of domestic violence, sexual assault, stalking, dating violence or child abuse to have parent-child contact in the presence of a third-party supervisor. The opening of the Center is critical as many courts in the area have recently had to close their supervised visitation centers due to lack of funding. The center may be useful to Judges in awarding visitation with a minor child under a protective order to an alleged abuser. As we have previously explained when entering a protective order, a Judge has the authority to establish temporary visitation with a minor child of the alleged abuser and a person eligible for relief on a basis which gives primary consideration to the welfare of the minor child and the safety of any other person eligible for relief.
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Published on: November 21, 2012

The Same Sex Couples Guide to Protective Orders

By Monica Scherer

As we have previously stated the new same sex marriage law will not only allow those in same sex relationship to now marry, but also to divorce, and will affect many other areas of family law. While those in same sex relationships may have been able to obtain a protective order previously, there may be some changes to the process for them.

A protective order can be awarded to only specified individuals, termed “persons eligible for relief.” To be a person eligible for relief one must be: the current or former spouse of the respondent; a cohabitant of the respondent; a relative of the respondent by blood, marriage or adoption; or a parent, stepparent, child or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition Maryland Code, Family Law 4-501. While the same-sex couples did qualify under the cohabitant category previously, they, along with all others alleging to be cohabitants, had to prove they both had a sexual relationship with the respondent and resided in the same home for at least 90 days within one year of filing the petition. This may have required same sex couples to admit to sodomy, which remains a crime in Maryland. Now, those same sex couples who are married will fall under the current or former spouse category and will no longer have to prove the sexual relationship.

There are three potential stages to obtaining a protective order. First, is the Interim Protective Order, which allows for domestic violence protective orders to be available 24 hours a day, 7 days a week. District Court Commissioners are available at any hour of the day and can issue an interim protective order if there is “reasonable grounds to believe” that the alleged abuser (the Respondent) has abused the person eligible for relief. This protective order lasts for up to 48 hours after the courts re-open, after which the individual seeking protection (the Petitioner) must seek a temporary protective order to extend the interim order.
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Published on: May 13, 2011

Maryland Protective Orders often Abused by Petitioners

By Monica Scherer

As a family law practitioner I have represented a number of petitioners and respondents in protective order hearings throughout the state of Maryland. Unfortunately, the purpose and intent of a protective order is often misinterpreted and misused by the litigants. The purpose of the domestic violence statute as defined by Maryland case law is to protect and aid victims of domestic violence by providing a quick and effective remedy and to prevent further harm to the victim. It is not intended to produce pendente lite orders relating to custody, support, and marital property that are effective for the duration of the Protective Order. Oftentimes, Petitioners attempt to use this necessary and important statute to do just what it was not meant to do – obtain custody of a child in common with the respondent.

I recently represented a respondent in a Final Protective Order hearing , in which the petitioner used the staute to attept to gain custody of their chid. In that case the petitioner alleged an assault upon him by the respondent that resulted in their infant child being bounced off the bed, where she was laying at the time, and landing on the floor. The police were called to the residence three times over the course of less than 24 hours and no one was arrested or left the residence. Ironically, the respondent fled the state the next day with the assistance of a domestic violence program due to continuing abuse by the petitioner upon her. Nevertheless, the petitioner filed a Temporary Protective Order, which was granted and awarded him custody of the parties infant child. My client was already out of the state (with the child) and once she was served with the Order did appear for the Final Protective Order Hearing. Once the Petitioner put on his case, the evidence in my opinion, was abundantly clear that even in the light most favorable to the petitioner, that there had been at most a mutual scuffle which was instigated by the petitioner and that petitioner’s only motivation in filing the protective order was to obtain custody of the child. This is a complete misuse of the domestic violence statute, i.e. protective order statute. At the conclusion of the petitioner’s case I made a Motion to Dismiss the Petitioner’s Protective Order as he had not met his burden of proof establishing by clear and convincing evidence that abuse had occurred. The Court agreed that even in the light most favorable to the petitioner, he had not met his burden and dismissed the Protective Order without the need for my client to put on her case. In this particular situation, the Court was keenly aware of the purpose and intent of the domestic violence statute and did not grant the Final Order.
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