Maryland Protective Order Attorney and Lawyer

Based on my experiences as a Maryland Protective Order Attorney who has successfully represented many clients in domestic violence cases and Final Protective Order Hearings, 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 Maryland domesitc violence lawyer 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 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 (“FPO”) against you could have serious negative consequences.

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.

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. Your Final Protective Order hearing is important; I highly recommend that you are well represented by an experienced Maryland 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 have further repel-effects on your employment or other matters.

Burden of Proof in Final Protective Order Hearings

The entry of a Final Protective Order against you must be based on “clear and convincing” 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). “Clear and convincing evidence” may not be of much help to you on how to handle your FPO hearing but as an experienced domestic violence lawyer I understand what scenarios could lead to meeting that burden of proof and what situations are not sufficient for entry of an FPO. 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.

Our experienced Maryland protective order and domestic violence lawyer has successfully represented many clients in Montgomery County, whether as petitioners or respondents, in Maryland District and Circuit Courts for over 20 years.

Contact us today if you are looking to be well-represented at your upcoming protective order hearing.

 Kamkari Law – Family Law Attorney for Protective Order & Divorce Cases  

(301) 309-9002   

Maryland Protective Order Lawyer in Montgomery County 

Member of Maryland Bar

Member of Bar of Association of Montgomery County Bar