Bethesda and Rockville Protective Order Lawyers in Moco
Based on my experiences as a Montgomery County protective order lawyer in Bethesda and Rockville who has successfully represented clients in domestic violence cases and Final Protective Order Hearings for over 20 years, I feel compelled to start by mentioning that the entry of a Final Protective Order could significantly affect the outcome of your potentially upcoming divorce and/or custody case. You should be well represented at your hearing by our experienced Bethesda and Rockville protective order lawyers in Montgomery County so your rights are fully protected under the law. Below, you will also find information on how to appeal a Final Protective Order against you if you do not agree with the Court’s ruling.
The benefits of obtaining a Final Protective Order in your favor
The entry of a Final Protective Order in your favor could further entitle you to temporary custody of your children, collecting emergency family maintenance (financial support) from your spouse, and maintaining the use and possession of the marital home and family automobile among other reliefs. The Court could also require the Respondent to attend counseling, anger management, and turn over any firearms. On the other hand, naturally, the entry of a Final Protective Order against you could have serious negative consequences. If you find yourself at the wrong end of a Final Protective Order, it could affect your access to your children, cost you in terms of providing financial support, and potentially affect your upcoming divorce and/or child custody case.
Book Your Consultation with our Bethesda and Rockville protective order lawyers in Montgomery County HERE.
Potential negative consequences of Final Protective Orders against you
The most obvious negative implication is that in most cases you will have to leave your home immediately or better said you cannot return home from the courthouse. In addition to having to leave your home, you may also have limited access to your children (if you have children), but you are also likely to lose access to the crucial information and documents that are stored in your computer or hard copies at home. And these are often the same relevant and important documents that you will need to defend yourself against accusations or to prosecute a case against your spouse in your divorce and child custody cases. If you lose your protective order hearing, substantial amount of time, energy, and money will have to be spent to reacquire those items, if at all possible. Our Montgomery County protective order lawyer understands how this process works, how it may impact your life, and will provide you with stellar representation at your Final Protective Order hearing.
One of the worst consequences of having a Final Protective Order entered against you is that any violation of the FPO is a crime punishable by up to 6 months in jail. And the beneficiaries and the recipients of a FPO could file an Application for Statement of Charges to bring criminal charges against you subject to the prosecutor’s discretion if there are even minor and/or technical violation of a protective order. Your Final Protective Order hearing is important; I highly recommend that you are well represented by our experienced Bethesda protective order lawyers in Moco who will put in the time to effectively handle a high-stake trial in short notice, particularly if the negative consequences could further affect your employment, security clearance, etc.
Book Your Consultation with our Bethesda and Rockville protective order lawyers in Montgomery County HERE.
Burden of Proof in Final Protective Order Hearings
To obtain a Final Protective Order, the Petitioner must prove by “preponderance of evidence” that Respondent committed an act of violence or threat of violence by the Respondent who could be your spouse or partner (or qualified third parties in your household). “Preponderance of evidence” may not be of much help to you on how to handle your Final Protective Order hearing but as an experienced protective order lawyers, we understand what scenarios could lead to meeting that burden of proof and what situations are not sufficient for entry of a protective order in your favor or against you. Of course, there are close calls that make it difficult to anticipate how a particular judge may rule, however, understanding the Rules of Evidence and stopping certain evidence from being admitted and vice versa can often make the difference between winning or losing a Final Protective Order Hearing.
In Montgomery County, protective order hearings are held either in the District Court or the Circuit Court in Rockville, or the District Court in Silver Spring. Our Bethesda and Rockville protective order lawyers in Montgomery County represent clients in both Rockville and Silver Spring District Courts as well as the Rockville Circuit Court in Montgomery County.
Our protective order attorney in Montgomery County and domestic violence lawyer has successfully represented clients in Montgomery County, whether as petitioners or respondents, in Maryland District Court as well as The Circuit Courts for over 20 years.
How to Appeal a Final Protective Order in Maryland?
If a Final Protective Order was entered against you in Maryland you have the right to appeal that protective order if you disagree with the Court’s ruling. The manner and cost of appealing a Final Protective Order depends on which court entered the protective order (District Court or Circuit Court) against you. The standard of review on appeal is also different depending on which lower court entered the protective order.
Appealing a Final Protective Order entered by a Maryland District Court
If a Maryland District Court has entered a Final Protective Order against you and you disagree with the Court’s ruling, you have a right to file an appeal within thirty (30) days of the date of the entry of the Final Protective Order. In Montgomery County, you would be filing an appeal from the Maryland District Courts in Rockville or Silver Spring to the Montgomery County Circuit Court in Rockville, Maryland.
Your case will then be appealed and heard de novo in the Circuit Court for Montgomery County. A de novo appeal means that the Circuit Court will grant you a new trial where and when you will be able to present a wholly new case from scratch and offer new defenses. You will also be able to offer new witnesses and evidence and make a new argument why a Final Protective Order should not be entered against you. If you prevail and the Circuit Court agrees with you then the Final Protective Order will be dismissed and lifted as if it never existed.
Book Your Consultation with our Bethesda & Rockville Protective Order Lawyers in Montgomery County HERE.
Appealing a Final Protective Order entered by a Maryland Circuit Court
Appealing a Final Protective Order that was entered by a Circuit Court is wholly different than appealing a Final Protective Order that was entered by a District Court. First, unlike an appeal from the District Court to the Circuit Court, your appeal will not be heard de novo and you will not be able to offer new evidence as part of your appeal. The Appellate Court of Maryland can only decide whether the Final Protective Order was properly entered based on the evidence that was presented at the lower court. The Appellate Court, however, may decide that further hearing is necessary and remand the case back to the Circuit Court for further hearing. Second, the time that it takes to receive a decision from the Appellate Court of Maryland is usually much longer than obtaining a new de novo in the Circuit Court.
Feel free to contact us if you are seeking experienced legal representation for obtaining a protective order or need legal representation to defend yourself at a protective order hearing.
Kamkari Law – Family Lawyers
(301) 309-9002
ask@kamkarilaw.com
Montgomery County Protective Order Lawyers
Bethesda Protective Order Lawyers
Rockville Protective Order Lawyers
Member of Bar of Association of Montgomery County Bar
For information regarding our divorce lawyers in Montgomery County please visit our page HERE.
