Aggressive Peace Order Lawyer
"Our objective is to get your case dismissed!"
Upon receipt of your call we can explain defenses you may not be aware of.
443 - 902 - 1962 24/7
Many thanks for getting my Anne Arundel County Peace Order dismissed after a hard fought trial. ~~W.E.
Bruce Lamb did legal research, drafted and filed, a pre-trial law motion that caused the case to be dismissed "before" the trial. His representation was outstanding in every way. ~~J.N.
Bruce Lamb is the lawyer you need to speak with before you go to court. He is extremely knowledgeable about peace order law, and after a review of my case, prepared pre-trial motions and got the case dismissed before the court called any witnesses. ~~ H.T.
Bruce Lamb is the lawyer you need to take to court with you in any peace order case. In my case he thoroughly researched the case, forcefully cross examined the complaining witness which completely convinced the court to deny the peace order so I did not have to testify. ~~A.N.
Your knowledgeable representation in getting the peace order case dismissed was outstanding. I did not realize how complex these cases were until after you researched and prepared my case for trial.~~E.W.
When you call we can explain legal defenses you may not be aware of to get your case dismissed. If you are charged with a peace order or protective order, the person that has charged you has gone to court and provided testimony to a judge or other court official that you have engaged in conduct to enter a peace or protective order on your record. In the event a peace order is entered on your record, it becomes a permanent record that can not be expunged. Because a permanent record can affect you with issues such as employment, applications for certain benefits and situations beyond the person that charged you, your objective should be to connect with legal authorities that can give you the best chance to get your case dismissed, either prior to, or at your trial.
As the burden now shifts for you to provide a specific legal defense which are often embedded in specific higher court cases that a trial court must follow, you should position yourself to target the best opportunity to prevent a permanent order from being entered on your permanent record. If we accept of your case, we will harvest information from you, and time permitting may file authoritative documents to attempt to have your case dismissed, prior to, or at trial.
Many cases that have a high potential for success are lost because the correct specific legal authorities were not set out in the documents filed with the court or successfully argued to the court.
This quote is especially true in peace and protective order cases because specific legal authorities were not filed with the court in pre-trial documents or argued at trial.
What is a peace order or a protective order? Peace order and protective orders protect for the petitioner and certain other individuals, such as minor children. If a peace order is violated, you can call the police immediately and have the offender arrested without waiting for a hearing. The offender may be ordered to: -- have no contact with you, whether by phone, Internet, or in person -- stay away from the petitioner’s home, school or place of employment -- refrain from threatening you -- surrender all firearms to the police department for the duration of the order, usually six months. -- vacate the home -- provide financial support
How do I get a peace order in Maryland? The process of attempting to obtain a peace order in Maryland is to fill out a pleading in which the grounds for the peace order are set forth, then submit the form to any District Court in the state.
What is a peace order form? A peace order form is actually a legal pleading in which the grounds for a peace order are set forth.
How do you file a restraining order in Maryland? A restraining order is an order that seeks to restrain a person from committing certain acts.
Where to file a peace order in Maryland? A peace order can be filed in the District Court of Maryland in any county.
What is a peace order statute? A peace order statute is a statute or law that defines the grounds when the court will issue a peace order.
What is the Maryland peace code? The peace order code is a combination of statutes in the Maryland Annotated code which set forth when the court will approve a peace order.
How to get a peace order in Maryland? The process of seeking to obtain a peace order is to retain a lawyer who is familiar with the peace order process and can make a determine if grounds exist to apply for a peace order.
What is peace order designed to do? One of the functions of good government is to ensure the safety of the people. A peace order is one way to protect citizens from one another.
What is an interim peace order in civil court? An interim peace order in civil court is a peace order the is only effective for a short period, usually seven days, until a hearing can be held on whether to grant a permanent peace order.
What is a peace order form? A peace order form is a prepared form available from the clerk of the court that helps the judge to determine whether a particular case justifies issuing a peace order.
What is the difference between a peace order and a protective order? A peace order may be issued against anybody, while a protective order can only be issued against a family member or romantic partner.
Define a peace order in Maryland. A peace order in Maryland is an injunction issued by the District Court and controlled by statute, Md. Code Ann. Courts and Judicial Proceedings 3-731. The statute is somewhat technical, so it is best to retain a lawyer to advise you.
What is a restraining order? A restraining order is a general term covering both peace and protective orders. Generally, a restraining order prevents the respondent from having any contact with the petitioner, but you should hire an attorney to interpret any particular order.
Define a protective order in Maryland. A protective order in Maryland is an injunction issued by the Circuit Court and controlled by statute, Md. Code Ann. Courts and Judicial Proceedings 2-403. The statute is difficult to interpret, so it is best to consult a lawyer to advise you.
Which is better, a peace order or a protective order? Anecdotal evidence suggests that police respond more quickly to a protective order, since family quarrels are one of the main sources of homicide. However, protective orders are only available to spouses and romantic partners.
A dedicated peace order lawyer is able to associate the facts and circumstances of an existing case with appellate cases that will compel a trial judge to issue an opinion consistent with those decisions.
Examples of these cases are:
Wired v. State, 112 A.2d 1014 (2015) Holding that the Circuit Court exceeded its authority by ordering the defendant to make restitution for lost wages.
Davidson v. Seneca Crossing, 979 A.2d 260 (2009) Discussing threats and disruptive behavior, as well as "irreparable harm."
Tribute v. State, 943 A.2d 1260 (2008) Permitting a broad interpretation of "sexual harassment."
In order to obtain a peace order, a petitioner must prove that the defendant engaged in some offensive conduct. The Annotated Code of Maryland lists different types of conduct that could justify a peace order. These actions include assault, stalking and harassment, among others. Ordinarily, the court will issue a temporary order. good for seven days, without a hearing, after which a hearing will be scheduled for a permanent injunction. As in any proceeding that could restrict a person's liberty, the allegations must be pr oven. Thus, in the case of Campbell v. Lake Holliwell, 652 A.2d 1029, the petitioner was unable to obtain a peace order against his neighbor because the court found no evidence of stalking or harassment.
The preliminary injunction is an emergency measure. It is conducted ex parte, meaning without the presence of the accused, and the judge needs only to be convinced that there is probable cause to believe that offensive conduct occurred. The preliminary injunction lasts for a very limited time, usually 7 to 10 days, and is followed by a hearing on a petition to grant a longer injection. A permanent injunction is not really permanent; it is limited to six months. However, the Circuit Court can grant an injunction for a longer period, Davidson v. Seneca Crossing 979A.2d 260. Worsham v. Ehrlich 181 Md.App 711.
Failure to obey a peace order may result in arrest, DeGrange v. State CSA slip opinion, 2015.
Invoke the Rule - move to exclude witnesses except parties from the courtoom during testimony.
Notice - formal notification of place and time of a hearing.
Justiciable - capable of being decided by a court.
Consent Judgment - judgment whose terms are submitted to the court for its approval and sanction and agreed on by the parties.
Jury Trial - trial in which judge decides the law, while the facts are determined by jury peace order in Maryland
Judgment Notwithstanding the Verdict – A judgment notwithstanding the verdict may only br rendered after a motion for a directed verdict.
Opening Statement - first statement made by attorneys for each side, outlining out the facts each will try to prove during the trial.
Opinion - a judge’s written explanation of the majority of judges or of the court. A dissenting opinion opposes the majority opinion because of the reasoning and or the principles of law on which the decision, and a concurring opinion agrees with the result but not with the reasoning.
Jurisprudence - study of the theory of the legal system and of the law.
How to drop a peace order in Maryland. Always seek the advice of a lawyer before proceeding to court, because the requirements for a peace order are complex and not always obvious. For example, the standard for a temporary peace order is a very low one -- a reasonable expectation that harm may come to the person seeking the order, but when the temporary order expires and a permanent order becomes necessary, the standard of proof becomes a "preponderance of the evidence," meaning a 51% probability.
peace orders and protective orders -- court orders to one person to refrain from contact with another.
how to rescind a peace order in Maryland -- you can move the court to cancel a peace order, but you should not attempt such an action without the professional advice of a lawyer.
Abuse of protective order proces. Ex-spouses, disgruntled employees and vengenful neighbors will sometimes take out a protective order out of spite. Although the conditions of a protective order/peace order are not usually onerous -- basically to stay away the petitioner -- many people feel aggrieved by the recording of their names as abusers and do not want their good names dragged through the mud. If you simply ignore the procedure and do nothing -- as you have a right to do -- then an order will most likely be issued against you. To prevent this from happening, you need to consult with a lawyer and attend all hearings.
harrassment as a ground for a peace order -- harassment is one of nine grounds for a peace order. Mote that a single telephone call is not harassment; harassment means a continued course of offensive or threatening communication.
Maryland judicial case search -- computerized data base listing complaints and charges brought against any individual.
restraining order -- a judicial command to a person to stay away from another person
how to file a peace order - you should not attempt to file a peace order on your own but should retain the services of an attorney.
Who is entitled to a peace order? Any adult may file for protection. Parents and guardians of children and vulnerble adults may file on behalf of those persons.
Offense - violation of a municipal ordinance or state statute.
Jury - panel of citizens chosen, in Maryland, from the motor-voter roll and sworn to question into and declare a verdict on matters of fact.
Offeror – party making an offer.
Oaths - sworn guarantees of truthfulness required in court, usually administered by the clerk of the court.
Jury List - list of jurors empanelled to try a cause or containing the names of all the jurors summoned to attend court.
Joint Tenancy - form of co-ownership of property also known as survivorship. At the death of one person, the surviving individual becomes thesole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife.
Objection - process by which one party tries to prevent the use of a procedure or the introduction of evidence at a hearing. An objection is either sustained allowed or overruled by the judge.
Offense - violation of a state statute or municipal ordinance.
Nuncupative Will - oral unwritten will, invalid in Maryland.
Security clearance -- Many people worry that having a protective order against them will harm their security clearance status.
Default Judgment - a judgment rendered because of the individual's failure to answer or appear.
Offeree – person to whom an offer is made.
Judge - appointed or elected public official with authority to hear and decide cases in a court of law.
Judgment - first disposition of a lawsuit.
Jurisdiction - court’s legal power to hear and resolve specific disputes. Jurisdiction is usually composed of personal jurisdiction over persons and subject matter jurisdiction over types of cases.
Judgment and Sentence - The official document of a judge’s disposition of a case committing a defendant to jail.
Judicial Review - The authority of a court to correct the official actions of other branches of the government.
Notice of Lis Pendens - Notice to all persons that the title to certain property is in litigation, and that if they purchase or lease that property they are in danger of being bound by an adverse judgment.
There are a number of Maryland peace order and protective order cases that anyone facing a peace order charge should be aware of:
Juror Disqualified - Juror excused from a trial.
Judgment on the Pleadings – Judgment based on the pleadings alone. It is issued when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law. sed. A concurring opinion agrees with the decision of the court but offers different reasoning. A per curiam opinion is an unsigned opinion of the court.
Joinder – combination of charges or defendants on the same complaint. When a criminal act is committed by two persons both may be charged on one complaint. Joinder also applies in legal cases, where parties and what is a peace order, claims may be joined in one complaint with the court.
Jurat - is a certificate of an officer or other person who administered an oath.
Nuisance –Unreasonable, unreasonable, or unlawful use of one’s property that annoys, disturbs, or inconveniences another in the use of his or her property.
Nunc Pro Tunc – A retroactive order.
A restraining order which can also be refered to as a protective order is a type of court order which that can protect someone from being physically or sexually threatened, abused, harassed or stalked. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.” Frequently restraining orders include different other protected persons such as like family or household members of the protected person. What does a restraining order do?
In general restraining orders can include:
Personal conduct orders which are tyupoes of orders to stop specific acts against everyone named in the restraining order as the person to be protected protected person. Some of the things that the restrained person can be ordered to stop are:
Contacting, calling, or sending any messages
Attacking, striking, or battering;
Disturbing the peace of the class of protected people.
Keep away orders -- These are the types of orders to keep the restrained person a certain distance away from the person to be protected
The protected person or persons;
Where the protected person lives;
His or her vehicle;
Victim's place or work or school
Other important places where he or she goes.
Residence exclusion orders -- orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases.
For the person to be restrained, having a restraining order against him or her can have very serious consequences:
He or she will not be able to go to certain places or to do certain things.
Protective orders usually prohibit one family member from contacting, or getting near, one or more other family members. For instance, a protective order may prevent an abusing spouse from coming within 500 feet of the abused spouse, or within 500 feet of the children. If such a geographic restriction is included in a protective order, the protective order's circle of prohibition (the area where the person who is the subject of the Order cannot go) moves with the person (or people) protected. Thus, a spouse with a protective order can have a 500 foot circle around them that their spouse cannot enter, no matter where he/she goes.
Protective orders usually have additional terms, including a general order not to commit acts of family violence.
Protective orders are big deals – and create what is really a new criminal law that applies to one person, the subject of the order. Violations can subject a person to contempt of court, but, far more important, violations are a criminal offense. Indeed, a protective order will contain language addressed to law enforcement officials, telling them to take violating offenders into custody. Here in Maryland, law enforcement officials can generally be counted on to do exactly that.
Both husbands and wives can apply for a protective order. More protective orders are issued against men than against women.
Because protective orders restrain people's liberty – by limiting where they can go, who they can call, who they can talk to, etc. - they are rare, and a person asking for them has to meet a high standard.
First, no one can get a protective order in Maryland just on the suspicion, belief, or fear that family violence may occur. Rather, the person who is the to be object of a protective order must have already committed one or more acts of family violence and the person asking for a protective order must be able to prove it. However, the evidence that can prove family violence can be the victim's testimony, or the testimony of a witness.
The more evidence a party asking for a protective order has, the better chance of getting the protective order. Going to a doctor or hospital, after a prior assault, for instance, is good evidence that family violence has occurred. Similarly, a criminal arrest is helpful, but is not required.
Joint and Several Liability - is a legal doctrine that makes each of the parties who are responsible for an injury liable for all the damages awarded in a lawsuit if the other responsible parties cannot pay.
Jury Array - the whole body of potential jurors summoned to court from which the jury will be selected.
Non-jury trial - a case tried before a judge.
No Probable Cause – finding that there are no reasonable articulable grounds for a stop or an arrest.
Offer – is an expression of willingness to enter into a bargain that is definite and certain in its terms and that is communicated to the party called the offeree. Once accepted, the offer is transformed into a contractual obligation. The law recognizes that a person who has engaged in family violence in the past is more likely to do so again, as compared to a person who has never done so. But, the past is not a guarantee of future behavior. A person asking for a protective order has to show past family violence, and show the court that family violence is likely to occur in the future.
Once a Court grants a protective order, the person who is the object of the Order must be served with it – a requirement that is on top of the requirement to serve them with a divorce lawsuit.
Both protective orders and peace orders are available from the Maryland courts. Both restrict the liberty of the people they reach. However, protective orders are far more restrictive, and have far greater consequences in the event of a violation.
The person who is the object of a protective Order will then have an opportunity to argue that there is no justification for the Order. The Court will then decide whether to extend the Order, such as for the length of a divorce proceeding. Eventually, the Court will decide how long the protective order should last, or whether it should last. No protective order can last for more than two years.
While peace orders in Maryland are serious matters and are usually taken very seriously they are a type of order that is granted by the court.,
Peace orders are useful as they frequently stop people and because they lead to better police responses. No one should consider themselves completely safe because they succeeded in their efforts to get a Protective Order.
Protective orders are governed by the Statute of Domestic Violence . The Statute was created to raise awareness of domestic violence as a serious crime against the individual and society, and to provide more protection to victims of domestic violence by issuing court orders prohibiting abuse and prosecution abusers.
The information provided below is not intended to be taken as legal advice and is only intended to answer general questions on the Status of Maryland Domestic Violence and explain the role of the Board of the Circuit Court Domestic Relations in obtaining protection orders.
If you or someone you know is experiencing domestic violence we suggest that you seek legal advice.
It may affect his or her ability to see his or her children.
He or she might have to move out of his or her home.
He or she may generally not be able to own a gun andhe or she will have to turn in or sell any guns they have now and not be able to purchase a gun while the restraining order is in forece. It may affect certain immigration status if he or she is trying to get a green card or a visa.
If the restrained person violates breaks the restraining order that person can be incarcerated, pay a fine, or both.
Irrevocable Trust - A trust that, once it is set up A grantor may not revoke.
Jury Polling - The procedure by which each individual juror is asked to affirm his or her verdict in open court at the conclusion of a trial. ent grounds exist to hold the suspect that was arrested.
The purpose of a protective order is to protect the well being, life, and from physical damages,of people who have been the victims of family violence. Battered spouses or emotionally abused spouses canmay apply for theese types of orders. Also the parents of abused children can apply for them. To be protected by law a victim of abuse should have a family or household relationship with the person he or she is abusing.
Under the statute of the following persons are considered family or household members:
related by current or past marriage or by blood. Immediate family members, parents, children, grandparents and grandchildren are cpvered/
parties who share or formerly shared a common dwelling that is not required of a romantic relationship, such as roommates
parties who have or allegedly have a child in common
parties who share or allegedly share a blood relationship through a child including step parents.
the parties have or have had a dating or engagement relationship
a disabled person and his personal assistant or carer
parties who share or formerly shared a common dwelling that is not required of a romantic relationship
The following people may be included in the protective order that protected persons:
any minor child or dependent adult in petitioner's care;
persons employed at the residence
employees of a domestic violence program in which a protected person resides .
anyone living in the home of the applicant;
A petition for a peace order can be heard as its own separate procedure if no other case is pending. If you have another civil dissolution , marital / civil union affiliation, or child support case or criminal matters pending , generally the protection order shall be heard with your pending case.
If filing a protective order in connection with a pending civil case , then you should file in court where your case is pending pending . The State Prosecutor is responsible for filing. The names of people filing for a protection order is in connection with a criminal prosecution. Any independent protection order may be filed in any of the suburban palaces of justice.who file for peace or protective orders will be removed from and no longer included in online Maryland court records, a move that victims’ rights advocates support.
They say it will protect the privacy of petitioners who are often victims.
maryland peace order expungement maryland peace order form maryland peace order statute maryland peace order shielding peace order defendant peace order violation harassment restraining order maryland rescind protective order maryland These are people who have already been victims of crime, and we should not revictimize them by exposing them to the public,” said Russell P. Butler, executive director of the Maryland Crime Victims' Resource Center.
The Maryland courts will be using several computer programs to remove parties' names from all online filings in certain maryoland peace order cases.
The reason is that there been a lot of victim's whose privacy and safety may have been subject to retaliation.
Many people ask how to get a peace order. The process starts with going to the court where peace orders are processed. A peace order petition is a very specialized proceeding as it has to conform to the Maryland peace order case law.
Summary Judgment - Judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. As with Judgment on
Clemency - Act of humaneness or prayer by the chair or controller of a tell to naturalness the consequences of a malefactor act, assertion, or conviction.
Closing Evidence - The movement statement, by discuss, to the functionary or commission after all parties score finished their intro of evidence.
Codicil - Matter to a gift.
Release - Action from guardianship.
Unlawful detainer mechanism A lawsuit brought by a landlord against a payer to expel the tenant from property commodity - ordinarily for default of proceeds.
Removal - The displace of a suggest cover to yankee entourage for experimentation.
Rendition - Learning of a criminal from the hospital land to the stringent land.
Replevin - A statutory mechanism for the exploit of a cacoethes that has been wrongfully condemned. sworn. Evidence indicating that a defendant did send the evildoing.
Indictment The formal calculate issued by a piano jury stating that there is sufficiency evidence that the suspect committed the crime to free having a visitation; it is utilised primarily for felonies. See also content.
Undue misfortune The most widely utilised try for evaluating unreasonable misfortune in the dischargeability of a examinee word includes troika conditions: 1 the debtor cannot have - based on topical income and expenses - a smallest reference of experience if forced to act the loans; 2 there are indications that the province of concern is likely to uphold for a monumental relation of the defrayal point; and 3 the debtor prefab genuine faith efforts to act the loans.
Home confinement A special information the regime imposes that requires an human to remain at lodging omit for fated authorised activities much as product and medical appointments. National confinement what is a peace ordering may include the use of electronic monitoring equipment - a set related to the wrist or the ankle - to aid ensure that the cause stays at home as required.
Impeachment The operation of calling a attestant's testimony into dubiety. For representation, if the professional can direct that the speaker may individual fictional portions of his instrument, the looker is said to be It is also called the constitutional process whereby the Refuge of Representatives may criminate accuse of misdemean peaky officers of the northerner governing, who are then reliable by the Senate.
In camera Individual, meaningful in a authority's architect. Ofent means region the proximity of the jury and the exoteric. In semiprivate.
Tort A civil, not criminal, wrong. A negligent or intentional what is a peace order injury against a person or property, with the exception of breach of contract.
Transfer Any mode or means by which a debtor disposes of or parts with his/her property. Maryland peace order attorney
Transcript A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition.
Co-Defendants - Several persons arrested and charged on the same criminal incident. Maryland peace order lawyer
Comparative Negligence - A legal doctrine by which acts of the opposing parties in a tort case are compared to determine the liability of each individual, making each liable only for his her percentage of fault.
where to file a peace order in Maryland - the place to file a Maryland peace order is any court house of any county in the State.
Maryland peace order form should be reviewed by a peace order lawyer prior to signing it and filing it with the court.
Maryland peace order appeals can be very time consuming and expenisve
Maryland annotated code sets forth the standard by which a judge will grant a peace order
peace and protective orders have many features in common. Both kinds of order require the respondent to stay away from the petitioner, not to call or text respondent, not to trespass on respondent's property or stalk respondent and, of course, not to assault respondent.
Harassment restraining orders Maryland are designed to prevent behavior that can cause harm
How to get a restraining order in Maryland - the first step in getting a restraining order in Maryland is to associate your facts and circumstances to see if grounds exist
Where to file a peace order in Maryland? App.lication for a peace order may be filed in the District Court of any county in Maryland. On filing, the judge will ordinarily issue a temporary order "ex parte," meaning without the presence of the other party;this temporary order is ordinarily good for seven days and is folllowed by a hearing for a permanent order, contingent on service on the respondent. If the respondent, the temporary order may be re-issued, and this process may continue indefinitely.
Harassment restraining order Maryland is an informal name for a peace order.
Time limits to file.
A complaint must be filed within 30 days of an offensive action.
Oath. A petition for a protective order must be filed under oath, and there is a $1000 penalty for filing a false complaint.
There is a filing fee of $20 and a service fee of $30 to file a complaint, though the court may waive the fee for indigent petitioners.
There are nine grounds for granting a peace order in Maryland:
•Assault in any degree;
•serious bodily injury
•A threat causes you imminent bodily injury;
•Any sexual offense
•Malicious destruction of property.
Harassment is often misunderstood. A single telephone call or confrontation is not harassment under the law.
Competent Witness - Every person is considered competent to be a witness. Frequently asked questions Do I need a lawyer? You do not need an attorney to file a peace order or protective order, however, an attorney can assist you. If I file for a peace order or a protective order, can I still file a criminal complaint? In a word, yes. A peace order or protective order is a civil matter and has nothing to do with the criminal justice system. What is the difference between a peace order and a protective order? A protective order applies to blood relatives as well as to sexual partners and former sexual partners. A peace order can apply to anybody. Where do I apply for a peace or protective order? A petition for a peace order or protective order may be filed in the District Court or any county or Baltimore City, against any person 18 years or over. Can I file for a protective order against a juvenile? If you need to file for a protective order or a peace order against a person younger than 18, you should contact the Maryland Department of Juvenile Services. The Clerk's Office is closed, but I need help immediately. Is there any other place to file for a protective order? After hours, or on weekends, you can file your petition with a District Court commissioner. What is the deadline to file for a peace order or a protective order? An application for a peace order must be filed within 30 days of the assualt, threat, or abuse which is the subject of the petition. There is no deadline to apply for a protective order. What are the consequences of violating a peace order or protective order? A violation of an order may result in a mandatory arrest, a finding of contempt, fine or imprisonment.
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The content and wording of this url does not form an attorney client relationship and no decision should be made without retaining an attorney for your situation. © Bruce Lamb, 2015