How a Maryland Protective Order Could Impact a Criminal Case

While criminal courts do not handle protective orders, and someone could potentially agree to this kind of court order without admitting to the underlying conduct, it is important to speak with an attorney regarding your case. An attorney could prepare you for how a Maryland protective order could impact a criminal case in the event that a person requests an order against you. Additionally, they could help build a case in your defense and explain how a protective order may influence your daily life.

Statements that May Influence a Case

It is important to note that a civil protective order is not a criminal proceeding. Even if there is a contested hearing for a protective order and a judge finds that there is sufficient basis and grants the order, that is not equivalent to a criminal conviction.

However, any statements or evidence generated in a Maryland protective order hearing could be used as evidence in the criminal case, and therefore, could influence its outcome. For instance, when the petitioner seeks a protective order, they provide a written statement under oath, which could be relevant in the criminal case against the defendant.

An experienced and knowledgeable attorney may also use testimonies from temporary or final protective order hearings to help build a case. Depending on whether these statements are consistent with other information, that could be helpful or beneficial to a defendant’s criminal case. If someone is subject to a protective order and is arrested, the existence of the action against them could affect their bail review and their release from jail during the pendency of their criminal case.

Domestic Violence Cases and Protective Orders

With a domestic violence charge, the information in the Maryland protective order could impact a criminal case by bringing validity to the allegations against the defendant. When someone is alleged to have committed domestic violence while the protective order is in place, this could be harmful in negotiations with the prosecutor. Additionally, it could lead to sentencing enhancements if someone is found guilty. This is because a protective order could hold a significant amount of weight in validating a plaintiff’s case in the eyes of the court.

Contact an Attorney to Learn How a Protective Order Could Impact a Criminal Case in Maryland

An attorney can explain your legal options and identify the potential consequences of each option if you have been served a protective order. Additionally, a skilled defense attorney could work to ensure that you are protected from exposure to criminal liability by help you avoid making any incriminating statements during any protective order hearings.

The attorney could negotiate with the petitioner to ensure that they do not file criminal charges as a result of the subject matter of the protective order. They assist you with any collateral consequences that may arise from a protective order being issued. To discuss how a Maryland protective order could impact a criminal case, call an attorney today.