A restraining order, also known as a peace order, is similar to a protective action in that it instructs one party to stay away from or have no contact with the petitioner. This type of action applies when the petitioner does not have a domestic relationship with the respondent. This means that the respondent could be someone that the petitioner does not know.
If someone has issued a peace order against you, speak with an experienced Maryland restraining orders lawyer to discuss the nature of this action. A skilled attorney could explain how this order may impact your life or any criminal charges against you.
In Maryland, anyone over 18 can seek a peace order. However, there must be reasonable grounds for a judge to issue this type of order, and it cannot involve parties who are a part of a domestic relationship. A Maryland restraining orders attorney could help a respondent challenge an action against them if the petitioner did not have reasonable grounds a court order.
Someone charged with a criminal offense may face potential prison time, a conviction, and a period of probation in addition to other consequences, such as being the subject of a restraining order. The information presented in the peace order hearing could be useful or harmful to the defendant.
If the petitioner in the restraining order hearing is the complainant in the criminal case, and the subject matter similar, any statement they make in the peace order hearing could be relevant to the proceedings in the criminal case. If the petitioner makes inconsistent statements, a Maryland lawyer with experience in restraining orders could use this evidence to weaken the plaintiff’s argument in the criminal case.
In some situations, the defendant’s statements at a hearing could be beneficial to their case. However, they must not make any statements that could incriminate them in their criminal case. To ensure that this does not happen, an attorney should help a defendant prepare to make any statements and observe the other party’s testimony to collect information that could be helpful in criminal court proceedings.
When a peace order is in place, and someone is charged with a crime against the petitioner, this person could face allegations of violating the restraining order. This offense could be a factor that the prosecutor considers in any negotiations or arguments during trial.
Additionally, the judge may consider this infringement during their sentencing decision and could lead to enhanced penalties. A peace orders attorney in Maryland could work to ensure that a respondent complies with this action against them by explaining its conditions.
If you have been served a peace order, you should get in touch with an attorney immediately. A Maryland restraining orders lawyer could explain the conditions of this action and work to ensure that this action does not lead to a criminal conviction. To learn more about how an attorney could help you, schedule a case consultation.
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