How long does a temporary protective order last?
Generally, the person who files the complaint may be able to obtain an interim temporary protective order until a judge can hear the complainant’s case. At the temporary hearing (which does not include the defendant), the complaint explains the relationship with you, and the type of abuse that occurred. The judge can then order a temporary order that lasts for seven days, unless the judge extends the time.
The judge will set a formal hearing date where you/the defendant does have the right to contest the complaint in person.
What conditions can a judge impose in a temporary protective order in Annapolis?
An interim order or a temporary protective order can provide the complainant with the following protections – until there is a full hearing:
- Ordering that you have no contact with the person who filed the complaint – including staying away from his/her home, work, or school.
- Ordering that a defendant stop harassing, threatening, or abusing the complainant.
- Ordering that you leave the residence even if your name is on the deed or lease, or if you are married.
The temporary order can also determine child custody issues, decide who should possess any pets, address any concerns of child-care providers, and determine whether you can or cannot keep any firearms.
What conditions can a judge impose in a final protective order in Annapolis?
A final temporary hearing order can extend the provisions of the temporary order indefinitely. A final order can also:
- Determine who can possess and use a jointly owned vehicle. If the vehicle is in your name, you should be able to keep it provided you stay away from the complainant.
- Order that you undergo counseling for domestic abuse and/or substance abuse.
- Order a temporary child access or visitation schedule.
- Order that a defendant pay financial support for the complainant and any children of the relationship.
When accused of domestic violence, your first call must be to an Annapolis domestic violence lawyer. The Maryland courts aggressively enforce domestic violence laws. Retaining an attorney is crucial to safeguarding your rights.
Should I hire a lawyer if I’m charged with domestic violence?
ABSOLUTELY YOU SHOULD HIRE A LAWYER. Legally, you don’t have to, but not getting experienced legal counsel is almost guaranteed to bite you in the end. You might have an excellent alibi; you might have even been the victim yourself. But the truth is that these are see-ree-us charges, and you will lose a ton of rights (not mention face jail time) if you’re convicted.
Understand that intimate partner violence is one of the accusations that stains your reputation even when you’re innocent, because people just can’t shake the feeling that you might have gotten away with something. The best defense is a vigorous assertion of your innocence.
Unless, of course, you did it. In this case, it’s even more important that you get a lawyer STAT. There are defenses that could reduce your charges, like if you have an addiction disorder or suffer from post-traumatic stress disorder. You may be eligible for a treatment program instead of prison. There are a lot of options, but you need to call me ASAP so we can discuss the best path for you.
Facing domestic violence charges in Annapolis or Ellicott City? Call a lawyer today
For more than 22 years, I have been providing the citizens of Annapolis, Ellicott City, and throughout Anne Arundel County and Howard County with aggressive representation in domestic violence cases. At Drew Cochran, Attorney at Law, you’ll find a lawyer who takes your call, and who has a track record of successful criminal defense. If you are charged with domestic violence, call my office today at 410.271.1892 or fill out our contact form to schedule an appointment.
And remember: Keep Calm – and Call Drew.