Based on my experiences as a protective order lawyer in Montgomery County 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 therefore be well represented by our experienced protective order lawyer in Montgomery County at your hearing, so your rights are fully protected under the law.
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 the 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. 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.
Potential Negative Consequences of Final Protective Orders
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 protective order lawyers in Montgomery County MD understand 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 FPO 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 an experienced protective order lawyer 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 or other matters.
Burden of Proof in Final Protective Order Hearings
The entry of a Final Protective Order against you must be proven by “preponderance of evidence” of committing an act of violence or threat of violence by you against 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 lawyer, I 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 protective order lawyer in Rockville represent clients in both Rockville and Silver Spring District Courts and Rockville Circuit Court.
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.
Kamkari Law – Family Law Attorney for Protective Order & Divorce Cases
Protective Order Lawyer in Rockville and Silver Spring