Understanding Maryland Protective Order Violations

It is important to understand and abide by a protective order because there can be serious consequences for violating it. When someone violates a court order, they may be found in contempt of civil court, and the judge may impose additional penalties.

Additionally, a judge may modify or add enhanced restrictions as a result of being in contempt. For example, a judge may impose a stay-away order or expand the court action to certain areas, and lengthen the lifespan of a protective order. These modifications could potentially be used against them in future proceedings.

Violating a protective order is a misdemeanor offense, so if law enforcement charges someone with a criminal code violation, they may face a jail sentence of up to 180 days or a probation period of a year or longer if the prosecutor proves beyond a reasonable doubt that a person violated the terms of a protective order and they were aware of their action against them.

A criminal conviction on their record could also lead to significant collateral consequences. For instance, this conviction could factor into future court proceedings involving domestic issues such as a custody dispute or a divorce. Also, having a criminal conviction could have an impact on someone’s professional and educational opportunities as well as personal relationships. For help understanding Maryland protective order violations and their potential consequences, speak with a knowledgeable attorney.

What Behaviors Constitute a Violating a Protective Order?

In Maryland, one of the most common ways an individual may violate a protective order is by attempting to contact the petitioner. This contact could be via social media, text messages, or visiting them in person.

Most protective orders have a condition of no contact that includes any form of communication, including doing so over the internet. It is important to note that these attempts at contacting a petitioner do not have to be violent or threatening for this behavior to constitute violating a court action. However, some protective orders may only prohibit violent or threatening contact, in which case some communications would be allowed.

If the petitioner tries to make contact with the respondent, the judge may still see this as a violation, but only on the defendant’s part. This is because a protective order only operates in one direction. Still, if a petitioner initiates contact, this fact could come up at a future hearing, and an attorney may use this as a defense for the respondent.

How are Alleged Violations Reported?

It is important to understand that most frequently, the petitioner reports violations of a protective order by contacting the Maryland court and judge who issued the action. There is also formal paperwork that the petitioner could complete to file a criminal or civil complaint alleging a violation of the order. Other breaches could be reported through the court system, such as when the police arrest someone for miscondict while subject to a protective order.

In these situations, the court and the probation office are notified of the protective order in place, and they review it to see if the conduct for which the person was arrested violated that order. There is no active supervision of a protective order. Therefore, it is not the same as supervised probation in which a probation officer who is regularly checking in and overseeing someone while they are on probation

Proving a Violation

What a prosecutor has to prove when someone breaks protective order depends on the type of violation because the burden of proof is a preponderance of the evidence standard. That means the petitioner would have to show that it is more likely than not that the respondent violated the terms of the protective order. If a defendant is charged criminally, the assistant state’s attorney may seek potential jail time or probation. In these situations, the prosecutor must prove beyond a reasonable doubt that the defendant broke the court order, which is a higher standard of proof because the consequences may include loss of liberty.

How Does a Civil Case Impact a Criminal Case?

The violation of a protective order is not a separate criminal case. Instead, it is a complaint that has been filed in the same civil case through which a judge issued the order. In this situation, there is no direct criminal repercussion because there is a lower standard.

Finding that a person violated an order in a civil case is not the equivalent to proof beyond a reasonable doubt. However, it could have an impact on a future criminal hearing. The evidence relied on by the judge could be used in a criminal case, but it would not substitute for a finding of guilt in a criminal matter, which has a higher standard of proof.

Contact a Maryland Attorney for Help Understanding Protective Order Violations

If you are facing allegations of violating a protective order, you should hire a local lawyer because law enforcement could charge you with a misdemeanor crime that could lead to other serious consequences. Sometimes, these cases are dismissed on technicalities and procedural violations when the prosecutor does not have the appropriate paperwork. An attorney could help in these situations.

Other times, an attorney could negotiate a resolution that may keep your record clean, and you could avoid a conviction without having to go to trial. Overall, these cases can become complicated, even when the allegations may seem simple. An experienced attorney could navigate these complications and use all the available information and resources to minimize the potential consequences. To further understand Maryland protective order violations and to discuss your case, call today.