How Phillips Law Group handles your Peace Order or Protective Order case:
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Peace Order and Protective Order cases (sometimes called Domestic Violence cases) are among the most difficult and emotional types of cases an individual can face. It's important to get high-quality, experienced advice. Douglas Phillips has represented individuals in more than 100 Peace Order or Protective Order proceedings and can analyze all your options, giving you a range of possibilities and valuable input on which strategies will help you get your best result.
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Attorney Phillips has represented both Petitioners (persons alleging abuse) and Respondents (persons accused of abuse). He has helped parents protect their children from abusers by having a judge issue an order and, on other occasions, helped parents defend against wrongful accusations. He has helped both men and women, children and elderly persons, and married couples to obtain their best possible result in these deeply personal proceedings.
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We communicate with the courts, with the opposing party, and with his/her attorney. We save clients an immense amount of stress and shield them from further contact with the other party.
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We help clients access alternative solutions, such as mediation, when appropriate. We help clients develop parenting plans or open a custody case or seek to modify a custody arrangement where necessary. Many people do not know that you can resolve a Peace or Protective Order issue by making a voluntary agreement between the parties.
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We will prepare you for what a hearing in front of a judge would look like. We can break the law down into straight-forward terms and help you understand what a judge needs to know what what forms of proof will be admissible in court and what weight a judge might assign to each piece of proof.
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We know the relevant court procedures and customs well so that we are able to get your testimony, documents, videos, or photographs admitted into evidence for consideration by a judge.
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We are able to cross-examine the other party and any witnesses the other party produces. We are able to raise objections based on issues such as hearsay, relevance, reliance on opinion, inconsistent statements, leading questions, and other important rules of evidence. Attorney Douglas Phillips is skilled in handling witnesses and quickly responding to opposing attorneys.
Peace Orders and Protective Orders in Maryland
Peace Orders
A peace order in Maryland is a court-issued legal protection that requires someone to stay away from and refrain from contacting another person:
Who can get a peace order
Anyone who is experiencing problems with an individual, such as a neighbor, stranger, or someone in a dating relationship
What the order can include
The order can direct the other person to:
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Stop abusive acts, such as physical or emotional abuse, threats, or harassment
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Stay away from your home, work, or school
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Go to counseling or mediation
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Pay fees and court costs
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How long the order lasts
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A final peace order can last up to six months, but the court may extend it for an additional six months
How to apply
You need to complete three forms and submit them at a district court or a commissioner's office. You should also bring any relevant documentation, such as:
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Police reports
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Medical reports
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Photographs
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Copies of harassing texts or emails
You can find more information about peace orders, including forms and answers to questions, at mdcourts.gov/peaceorders.
Protective Orders
The stakes in a Protective Order hearing are even higher than in a Peace Order hearing. In a Protective Order scenario, the allegation is one of domestic abuse--abuse of a spouse, romantic partner, co-parent, vulnerable elderly person, or of a child (minor). A Protective Order hearing can affect rights to use or enter property, rights to a vehicle, rights to visitation or custody of children, and rights to possess firearms (Second Amendment rights). In some circumstances, a successful petitioner in a Protective Order hearing can be awarded emergency financial support.
If a Respondent loses at Protective Order hearing, they must:
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Refrain from further abuse or threat of abuse
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Refrain from contacting, attempting to contact, or harassing persons eligible for relief
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Refrain from entering the residence of a person eligible for relief
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Stay away from work, school, or temporary residence of a person eligible for relief, or other family members’ homes
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Stay away from a childcare provider of the person eligible for relief when the child is in the care of the childcare provider
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Vacate the home for up to one year and award use and possession of the home to the petitioner. A cohabitant can only receive a vacate and a use and possession order if their name is on the lease or deed or he or she has resided in the home for at least 90 days during the past year.
Child Custody, Support, and Visitation
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Temporary custody of minor children is decided
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Visitation is based on the welfare of the children and the safety of the person eligible for relief
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Temporary “emergency family maintenance” is awarded to the spouse and/or children, including an earnings withholding order
Miscellaneous Relief
This can include:
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Temporary use and possession of a jointly owned vehicle
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Counseling for the eligible person or the abuser
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The surrender of any firearms in the abuser’s possession
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An order that the abuser pays all filing fees and costs
Failure to comply with any type of protective order can result in criminal prosecution, imprisonment, and/or a fine. To avoid criminal charges, modifications can be made so it’s easier to follow the protective order.