Maryland Divorce Lawyer BlogPublished on:
Common Questions About Peace Orders In Maryland
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Common Questions About Protective Orders In Maryland
What is a protective order?
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Common Questions Regarding Child Custody In Maryland
It is important to be aware that Maryland Courts and Orders recognize two parts to custody in the State of Maryland, physical custody and legal custody.
What does Physical Custody mean in Maryland?
If you have physical custody of your child, it means that you have the right and obligation to provide a home for your child at given times, and to make the day-to-day decisions required during the time your child is actually with you. In Maryland, physical custody can be primarily with one parent and your child visits the other parent or shared between the parents.
What does Legal Custody mean in Maryland ?
If you have legal custody of your child, it means that you have the right and obligation to make long range decisions involving education, religious training, discipline, medical care, and other matters of major significance concerning the life and welfare of your child. It is important to understand that legal custody has nothing to do with where your child lives. In Maryland, legal custody can be sole, joint, or joint with tiebreaker. Sole legal custody means one parent makes these decisions without the need to have the input of the other parent. Joint legal custody means both parents work together to make agreed upon decisions for their child. Joint custody with tiebreaker requires both parents to work towards an agreed upon decision on the issue(s). However, if an agreement cannot be reached after trying to do so in good-faith, the parent with tiebreaking authority makes the final decision on the issue.
How do Maryland Courts decide custody?
Courts in Maryland resolve custody and visitation disputes between parents based upon a determination of what is in the “best interests” of the child. You should understand that this determination may be different from what might be in your or the other parent’s best interests. A Judge will make this determination after considering the testimony and evidence you and the other parent present during your case. There are a host of standard factors a Judge will consider, but a Judge also takes into consideration the special circumstances of each case provided the evidence is presented. It is important to understand the importance and potential complexity of this determination as it is done on a case-by-case basis.
How can I modify a Custody Order in Maryland?
In order to modify a Custody Order, you must first prove to a Judge that something significant has happened since the initial Order was entered by the Judge. This ‘something significant’ is referred to as a “material change in circumstance.” A material change is not that you were unhappy with the Court’s initial decision. You must also prove that the change you are asking for is in the best interest of your child. It is important to understand the importance and potential complexity of proving that you have met this standard.
Do I need a Court Order in Maryland?
When a child is born or adopted to two parents, Maryland Courts automatically and informally recognize these parents as having the same rights and obligations to their child. There is no inherent determination of physical or legal custody upon birth of a child. If you and your child’s other parent are dealing with issues such that you need assistance in determining where your child lives, who makes decisions for your child, when the child is with each parent for the holidays, how much time each parent has for vacations and the summer months, etc. a Court Order will be beneficial. A Court Order can help define the rights and responsibilities of each parent and, if applicable, determine the amount of child support that one parent may need to pay to the other in support of the child. It is important to understand the importance and potential complexity of asking the Court to enter a Custody Order.
What is a Parenting Plan?
A Parenting Plan is a document that defines the specific roles and responsibilities for each parent as they communicate with each other and care for their child or children. The Maryland Courts have created a Parenting Plan, with instructions, to help Maryland families. The Parenting Plan and instructions can be found on the Court’s website here. Currently, Maryland Courts require parents to complete a Parenting Plan during the court process. It is important to understand the importance and potential complexity of completing a Parenting Plan.
If you or someone you know needs an attorney for custody matters, we encourage you to speak to an experienced family attorney at Silverman, Thompson, Slutkin & White, LLC 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.
mscherer@silvermanthompson.com
(410) 385-2225
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
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Are the Courts Holding Uncontested Divorce Hearings During COVID-19 Closures?
The COVID-19 pandemic has swept the nation, causing uncertainty in its wake. While many essential businesses and government offices have shut down, the Maryland courts have been diligent in figuring out how certain matters can still be heard. While the Maryland courts may be restricted, many are still conducting uncontested divorce hearings at this time. If you and your spouse have an uncontested case that is ripe for testimony, the following courts are accepting new filings and may be able to hear your case now:
Circuit Court for Baltimore County: The Circuit Court for Baltimore County is now conducting remote uncontested divorce hearings as long as two attorneys are involved.
Circuit Court for Kent County: Beginning the week of May 5, 2020, the Circuit Court for Kent County is slated to conduct remote uncontested divorce hearings that are ripe.
Circuit Court for Somerset County: The Circuit Court for Somerset County is now conducting remote uncontested divorce hearings as long as two attorneys are present. The court is also accepting new filings for uncontested divorce hearings as long as it is filed through the MDEC filing system.
Circuit Court for Washington County: The Circuit Court for Washington County is conducting remote uncontested divorce hearings at this time. The court is also accepting new filings for uncontested divorce hearings.
Circuit Court for Anne Arundel County: The Circuit Court for Anne Arundel County is now conducting remote uncontested divorce hearings. The court will also be accepting new filings for uncontested divorce hearings.
Circuit Court for Charles County: The Circuit Court for Charles County is now conducting remote uncontested divorce hearings via Court call as well as skype. The court will also be accepting new filings for uncontested divorce hearings through the MDEC filing system.
Circuit Court for Howard County: The Circuit Court for Howard County is now conducting remote uncontested divorce hearings. The court will also be accepting new filings for uncontested divorce hearings.
Circuit Court for Queen Anne’s County: The Circuit Court for Queen Anne’s County is now conducting remote uncontested divorce hearings. The court will also be accepting new filings for uncontested divorce hearings.
Circuit Court for Worcester County: The Circuit Court for Worcester County is now conducting remote uncontested divorce hearings. The court is also accepting new filings for uncontested divorce hearings.
Circuit Court for Calvert County: The Circuit Court for Calvert County is now conducting remote uncontested divorce hearings. The court will also be accepting new filings for uncontested divorce hearings.
Circuit Court for Frederick County: The Circuit Court for Frederick County is now conducting uncontested divorce hearings on a limited basis of two days per week via telephone, however the court requests that a line be submitted first. The court is still accepting new filings for uncontested divorce hearings through the MDEC filing system.
Circuit Court for Montgomery County: The Circuit Court for Montgomery County has started to schedule remote uncontested divorce hearing dates for matters that have already been set.
Circuit Court for Cecil County: The Circuit Court for Cecil County is conducting remote uncontested divorce hearings for matters that have already been set.
Circuit Court for Talbot County: The Circuit Court for Talbot County is conducting remote uncontested divorce hearings.
The Circuit Court for Baltimore City, Prince George’s, St. Mary’s County, and Alleghany Counties are not hearing remote uncontested divorce matters at the present time.
If you or someone you know need guidance while going through a divorce, we encourage you to reach out to an experienced family attorney at Silverman, Thompson, Slutkin & White, LLC who can help you navigate your options
For more information, contact Monica Scherer, Esq. at 410-625-4740.
mscherer@silvermanthompson.com
(410) 385-2225
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
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Common Questions about Divorce in Maryland
What is an Absolute Divorce?
The effect of Maryland’s absolute divorce is parallel to a traditional divorce; it is the final termination of the marriage. In an absolute divorce, custody, visitation, and child support terms between both parties are set, both parties are granted the right to live separately and apart, a legal name change may be granted (the resumption of a former name), and even remarry if they choose. An absolute divorce also allows the court to decide on matters regarding alimony and marital property, including any division of assets, transfer of retirement interests, and any other equitable distribution of real property, personal property and pension/retirement assets acquired during the course of the marriage. Ultimately, both parties are granted the right to sever all legal and financial ties from one another.
What are the grounds for divorce in Maryland?
In Maryland, the court may grant an absolute divorce on the grounds of:
(1) Adultery;
(2) Desertion, if it has continued for 12 months without interruption before filing for an Absolute Divorce; and the desertion was deliberate and final; and there is no reasonable expectation of reconciliation;
(3) Conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant was sentenced to serve at least three years or an intermediate sentence in a penal institution and served twelve months of that sentence;
(4) A twelve-month separation where the parties lived separate and apart without cohabitation for twelve uninterrupted months before the filing of the application for divorce;
(5) Insanity if the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least three years before the filing of the application for divorce; the court must then determine from the testimony of at least two physicians who are competent in psychiatry that the insanity is incurable and that there is no hope of recovery; and one of the parties has remained a resident of this state for at least two years prior to the filing of the application for divorce;
(6) Cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation;
(7) Excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation;
(8) Mutual consent so long as the parties execute and submit to the court a written settlement agreement signed by both parties that resolves all issues arising from the marital relationship (child custody, visitation, support, alimony and distribution of real and personal property, and asset division), neither party has filed a pleading to set aside the settlement agreement prior to the divorce hearing required under the Maryland Rules, and both parties appear before the court at the absolute divorce hearing.
Can I file for divorce if I have not been separated for one year?
While a 12-month statutory “no fault” ground remains a common way to receive an absolute divorce in Maryland, a party may be eligible to be granted an absolute divorce on fault based grounds requiring no period of separation if one can prove adultery, cruelty of treatment, excessively vicious conduct or have grounds for mutual consent.
What can I do if I do not have grounds to file for an Absolute Divorce?
A party may file for a Limited Divorce on the following grounds:
(1) Cruelty of treatment of the complaining party or of a minor child of the complaining party;
(2) Excessively vicious conduct to the complaining party or to a minor child of the complaining party;
(3) Desertion; or
(4) Separation, if the parties are living separate and apart without cohabitation
What is a Limited Divorce?
In Maryland, a limited divorce is not a final divorce. It does not terminate a marriage in its entirety. A limited divorce does not allow a spouse to remarry or to move forward in another relationship. A limited divorce is typically recommended in cases where division of marital property, spousal support, child custody, or child support are disputed and relief is sought by either party. Essentially, a limited divorce allows a party who has not yet met the grounds for an absolute divorce to obtain necessary relief from the court for custody, visitation, child support, use and possession of family home, family use personal property and family vehicle (when minor children are involved) in advance of a twelve-month separation.
What if the difference between a Limited Divorce and an Absolute Divorce?
The State of Maryland recognizes two types of divorce, an absolute divorce and a limited divorce.
An absolute divorce is the final termination of the marriage where custody and visitation terms for minor children are set, both parties are granted the right to live separately and apart, legally change their names, divide marital property, seek spousal support, and even remarry if they choose. In some cases, a physical separation of more than 12 months in different homes is not necessarily required before the filing for an absolute divorce if a party can prove adultery, cruelty of treatment, excessively vicious conduct or have grounds for mutual consent.
However, there are a number of scenarios where spouses may not be eligible to obtain an absolute divorce. Where a fault based divorce cannot be proven, a 12-month separation has not yet accrued, and the parties cannot mutually consent to a settlement agreement and some relief from the court in the interim is necessary, a limited divorce is then an option.
A limited divorce differs from an absolute divorce in that it is not a final divorce. A limited divorce does not allow a spouse to remarry. Furthermore, marital property acquired by each party even after a limited divorce is awarded remains a part of divisible marital property. The court is required to value all marital property only at the time of absolute divorce. Filing for a limited divorce will allow the court to decide on matters regarding child custody, child support, and spousal support.
If the parties later satisfy the grounds for an absolute divorce while the action for limited divorce is still pending in the court, the complaint for limited divorce can be amended to include a request for absolute divorce. Simply put, when an absolute divorce issue is not yet ripe, a limited divorce proceeding can allow a party to obtain certain relief from the court.
What can a Court award in a Limited Divorce?
Generally, in a limited divorce proceeding, the court can determine child custody and visitation, when children are involved the use and possession of family home, vehicle, household furnishings, child support, temporary alimony, and can award attorney fees.
What can a Court award in an Absolute Divorce?
Generally, in an absolute divorce proceeding, the court can change a spouse’s name back to any former name, award custody, decide visitation, determine the amount of child support and alimony to be paid, grant a monetary award, when children are involved decide the use and possession of family home, vehicle, household furnishings, award attorney and expert fees and costs, order certain jointly titled assets to be sold, divide or order the sale of household furnishings, and order the division of pension and retirement accounts.
How long does it take to get an uncontested divorced in Maryland?
It varies in each county, however if you already have a complete Marital Settlement Agreement signed by both parties and the proceeding is uncontested, typically between 3 – 6 months.
How long does it take to get divorced in Maryland?
It varies by county, however if your matter is contested and all issues are not resolved by a signed Marital Settlement Agreement, you can expect your contested divorce to take anywhere from 1-2 years.
If you or someone you know is considering divorce, we encourage you to speak to an experienced family attorney at Silverman, Thompson, Slutkin & White, LLC 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.
mscherer@silvermanthompson.com
(410) 385-2225
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
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Petition for Contempt as a result of COVID-19
Some parents are facing difficult decisions during this COVID-19 pandemic, including whether their children should be physically near a parent that is working with the public. For some families, it means that one parent temporarily lives in another part of the house. A related CNN article can be found here. For other families, it means one parent temporarily lives in another place altogether. A related ABC article can be found here.
But, for co-parents that live in separate households, the thought of children being near a parent that is a first responder, a front-line worker, or an essential employee can lead to even more difficult decisions. The guidance from the Maryland Judiciary is clear:
All court orders for a child’s custody, parenting time, and child support are still in effect. In some situations, if permitted under the court order, custodians can jointly adjust their shared parenting responsibilities in ways that they agree are best for the children. If custodians are not able to agree, the court order controls.
When one parent refuses to allow the other parent to spend time with their children, often the refusing parent could be faced with a Petition for Contempt for not following a court order. The ramifications from a finding of contempt can be far-reaching and can include civil and/or criminal repercussions.
Pursuing or defending allegations of contempt should not be taken lightly and is a serious matter. If you dealing with this type of situation and need guidance, reach out to an experienced family attorney at Silverman, Thompson, Slutkin & White, LLC for assistance.
For more information, contact Monica Scherer, Esq. at 410-625-4740.
mscherer@silvermanthompson.com
(410) 385-2225
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
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Flexibilty Is The New Normal
The spread of COVID-19 has stressed many family dynamics on a daily basis. Kitchen tables are now elementary school classrooms and backyards now host recess. With Maryland’s Stay-At-Home Order still in place, children and parents are finding themselves working through finding a new normal.
Parents that share time with their children between different households face an even larger set of challenges. Court orders that define parenting time, holiday schedules, and other child-focused decisions often do not help guide parents through questions like: “What happens in a global, viral pandemic?”.
With the seeming constant change to regulations and recommendations, the best recommendation is flexibility, while understanding your Order remains in place absent an agreement to deviate. Communicate with your children and your co-parent to make the best decision possible for your children and your collective family. Each day may bring new challenges and it is important that co-parents do their best to communicate about those challenges and remain open and flexible to the resolutions. Family flexibility is the new normal.
The Maryland Judiciary offers family services that can help co-parents work through decision making, including parenting plans and mediation services. Parenting Plan details are available here.
Another source of guidance may be working with a parenting coordinator. If you do not have a current Order for a parent coordinator, and both parents agree to try this route, the Court is still processing Consent Orders. During this period of social distancing and the Stay-At-Home Orders, mediation and parent coordination services are taking place via telephone and video conferencing and is an effective way to gain assistance from a professional.
If you need help navigating the new normal, please reach out to an experienced family attorney. For more information, contact Monica Scherer, Esq. at 410-625-4740.
mscherer@silvermanthompson.com
(410) 385-2225
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
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How have other State courts responded to emergency petitions for custody due to COVID-19?
As fears surrounding COVID-19 continue to increase and parents in divided households struggle to do what they think is best for their children’s health and safety, below are two examples of how emergency requests have been handled in other States, Florida and New Jersey.
In Orange County, Florida a mother filed for temporary custody of her child after first-responder (firefighter/EMT) father did not voluntarily agree to allow her to keep their child in her care until the Florida’s state of emergency due to COVID-19 ends. The Judge denied the mother’s request stating there was no evidence the father was failing to take proper safety precautions or otherwise acting in a way to place the child in danger. The Judge further found “there is no evidence indicating the continuation of timesharing would subject the minor child to any risk of harm specific to the actions of behavior of the father”. The full news article can be found here.
In New Jersey, a father filed for temporary custody of his child after the mother, a physician, continued to see patients in person in the hospital during the COVID-19 outbreak. The New Jersey Court granted an emergency order and awarded the father temporary custody of the child. After the mother was able to commit to telework/health and to not see patients in person, the Judge reversed the Order. The full news article can be found here.
NEW FLORIDA DECISION: On April 14, 2020 the Third District Court of Appeals in Miami, Florida stayed a lower court’s Order which had temporarily awarded custody of a four year old to the father. In this case the mother and father shared custody of their daughter, however upon the outbreak of the coronavirus the father sought temporary custody because he believed the mother’s job as an emergency room doctor placed the child at a greater risk for contracting the virus. The lower court did award the father temporary custody of the child ruling the child was at a heightened risk of contracting the contagious virus as a result of her mother’s work. The appellate court has stayed the decision of the lower court and restored the prior order allowing the mother and father to share custody of their daughter. It is reported the legal issues continue between these parties. The full article can be found here.
The two lower state court situations above are very similar, but two completely different results. If you are in Maryland and need solid advice on how to approach your custody and access arrangement as a result of COVID-19, you should contact an experienced family law attorney. For more information, contact Monica Scherer, Esq. at 410-625-4740.
mscherer@silvermanthompson.com
(410) 385-2225
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
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Seven Guidelines for Parents who are Divorced/Separated and Sharing Custody of Children during COVID-19
The AFCC is the Association of Family and Conciliation Courts. It is a group of individuals from many disciplines associated with or in the family court arena. AFCC members include lawyers, mediators, judges, psychologists, counselors, social workers, parenting coordinators, psychiatrists, researchers, teachers, and policymakers throughout the country. The AFCC recently released seven guidelines for parents who are divorced/separated and sharing custody of children during the COVID-19 pandemic. While these guidelines are not mandated, they provide knowledge and principles of good practice in navigating this crisis. A summary of the seven guidelines as set forth by the AFCC are:
1. BE HEALTHY: Comply with all CDC, local and state guidelines and model good behavior for your children. This also means to be informed by staying in touch with reliable media sources.
2. BE MINDFUL: Be honest about the seriousness of COVID-19, but maintain a calm demeanor for your children. DO not expose your children to endless media coverage, but encourage your children to ask questions and provide them with age appropriate answers.
3. BE COMPLIANT with Court Orders and Custody Agreements: Try to avoid reinventing the wheel despite these unusual circumstances. The Order or Agreement exists to prevent continued negotiation of timesharing.
4. BE CREATIVE: Encourage children stay in touch with the less available parent via sharing books, movies, games, FaceTime and Skype.
5. BE TRANSPARENT: Provide honest information to your co-parent about any exposure or suspected exposure of yourself or your child.
6. BE GENEROUS: Try to provide make up time for a parent who may be unable to exercise their time with the child.
7. BE UNDERSTANDING: Adversity can present an opportunity for parent to come together for the benefit of their child(ren). This is a difficult time for children too and it is important for them to know their parents did everything they could to explain what is happening and keep them as safe as possible.
You can find the full release from AFCC here.
For more information, contact Monica Scherer, Esq. at 410-625-4740.
mscherer@silvermanthompson.com
(410) 385-2225
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
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Coping with domestic violence during the COVID-19 pandemic
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.
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We were ready to separate, and then the COVID-19 Stay-At-Home Order was implemented by Governor Hogan. Now what?
I have a handful of clients in this exact situation and all of them are finding it increasingly difficult to share space in a home they no longer want to share with the other. In addition to grudgingly sharing the space, they are attempting to do so while one or both are working from home or while one is working and the other is laid off, while attempting to assist their children with distance/remote learning, and while juggling the household tasks of cooking cleaning, paying bills, etc. Needless to say emotions are on the rise. In a few of the cases I have been able to work out agreed upon designated areas (specific rooms) for each party to conduct their working from home duties, along with times for the use of those spaces, scheduling days and/or subjects each parent is responsible for assisting the children with their education, and how to handle the payment of expenses. While not a permanent solution, ‘rules’ to follow hopefully give the parents and children some consistency to reduce the tension in household.
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I’ve lost my job due to COVID-19 and can’t afford to pay child support
Many parents have lost their jobs as a result of the COVID-19 pandemic. With the closure of non-essential businesses and the government recommendation to stay at home, some parents are not able to find work. A court-ordered obligation to pay child support does not automatically stop because of a job loss, even if that job loss if through no fault of your own.
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I co-parent with an “essential employee.” How can I avoid escalated custody conflicts now that the White House has designated the Baltimore / DC area as an emerging COVID-19 hotspot?
We understand that parents are facing challenging times in the midst of this COVID-19 pandemic. When one parent is an essential employee, it is especially concerning for co-parents when children transition from one parent’s home to the other for court-ordered parenting time. National news stories are filled with children and parents greeting each other through glass doors and windows. Those front-line, essential-employee parents recognize that in-person contact with their children during this COVID-19 pandemic is not in the best interest of the health and safety of their children. New Battle for those on Coronavirus Front Lines: Child Custody . Closer to home, the White House has now officially designated the Baltimore / Washington, D.C. area as an emerging COVID-19 hotspot. Baltimore/Washington DC Emerging Hot Spot.
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Should I try mediation to resolve my family law matter with COVID-19 court closures?
Another unfortunate consequence of COVID-19 is the postponement of the pendente lite hearings, settlement conferences and merit trials which were actually scheduled on the court docket months ago, but are not going forward as planned due to the court closures. Thus far, my experience has been that the courts are working hard to get the postponed cases reset as quickly as possible. Unfortunately, I have already had several client matters get reset only to be postponed and reset yet again as a result of the Administrative Order to extend the court closures. As a litigant, this can be extremely frustrating especially when the access to/custody of your children and finances remain uncertain.
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Can I still get a Protective Order, Peace Order, or Extreme Risk Protective Order with the court closures due to COVID-19?
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.