Find the answers to your most pressing Maryland family law FAQs by our family lawyer in Montgomery County MD.
Can I appeal a protective order against me in Montgomery County?
Yes, you can appeal a protective order that was entered by a Maryland District Court to the Circuit Court in the same County., provided that you file a notice of appeal within 30 days of the date of the Final Protective Order. You can also appeal a protective order that was entered by the Circuit Court to the Maryland Court of Appeals provided that you file a notice of appeal within 30 days of the entry of Final Protective Order. Maryland Family Law FAQs.
For additional information regarding the appeal of a protective order visit our dedicated page HERE.
How Do You apply for a protective?
The process of applying for a protective order states with filing a Petition for Protective Order. Kamkari Law’s domestic violence lawyer can assist you with properly filling out your Petition for Protective Order. Additionally, we will represent you at your hearing in Montgomery County District and Circuit courts. Do not treat your Petition for Protective Order as a simple form where you can sound off. You should give great care on how you complete the form because you can be cross-examined about each and every part at your protective order hearing.
For additional information, visit our domestic violence lawyer page HERE.
What are the safeguard and protections in a Montgomery county protective order?
A protective order can safeguard you from domestic abuse and threats, providing you with necessary legal protection. A protective order is a court-issued directive designed to prevent an abuser from contacting or harming you. Violating the terms of a protective order are a crime in Maryland and the abuser can be criminally liable if they violate the terms of your protective order. A seasoned domestic violence lawyer could make the difference between granting or rejecting your petition for protective order.
The following are the safeguards that can be granted through a protective order:
- No-Contact Provision
- Stay-away requirements
- Temporary custody order
- Use and Possession of Marital Home and Vehicle
- Emergency Family Maintenance (similar to alimony and child support)
For further information, visit our domestic violence lawyer page Here.
Should I reach a separation agreement to resolve my family law issues? What are the pros and cons of reaching a separation agreement instead of litigating disputes in court?
The major pros of reaching a Marital Settlement Agreement (separation agreement) are that you make the final decision and with some “horse trading” you should be able to resolve the issues so they are resolved in a way that are favorable to you or at lease acceptable to you. Another important pro is major savings in legal costs and attorney’s fees. Full litigation of divorce and custody issues could become very expensive and you could save significant amount of money if you can reach a settlement.
The cons are obviously that you will have to be somewhat flexible in order for the other party to be willing to settle your difference. Maryland Family Law FAQs
You can find additional information regarding reaching a separation agreement HERE.
Depending on whether you have minor children and your custody arrangement/order, the court can grant exclusive use and possession of the marital home for up to three years to a party that has sole or joint residential custody of the minor children. Alternatively, the court may order the house sold and the proceeds divided between the parties. Another option is for the court order one of the parties buy out the party.
You can find additional information regarding who gets the house in a Maryland divorce HERE.
How to Protect Children from Domestic Abuse and Violence in Montgomery County?
Under Md. Code, Family Law § 4-501, a child qualifies as a “person eligible for relief” if the respondent is a:
• Parent, stepparent, or guardian
• Household member or relative by blood, marriage, or adoption
• Person with custody or supervision over the child
The petitioner may be the child’s parent, legal guardian, or another adult acting in the child’s interest. Maryland Family Law FAQs.
Find the full article on “How to Protect Children from Domestic Abuse and Harm?” HERE.
How Can Kamkari Law’s Divorce Lawyer in Rockville Help With Your Family Law Issues?
Kamkari Law provides seasoned legal representation in family law cases including in divorce, child custody, domestic violence, and protective order cases for clients navigating the complexities of the legal system and family law matters. Whether you are facing a highly contested litigation and a high-asset divorce case, a bitterly contested child custody case, or seeking an amicable separation by agreement, our divorce attorney in Montgomery County is prepared to represent and guide you through every step.
You can find the full list of services offered by our divorce lawyer in Rockville HERE.
How Does a Divorce Case Affect a Medical Professional Who Owns a Private Practice?
Your medical or dental practice is most likely considered marital property and your spouse could claim a financial interest in it if you are going through a divorce in Maryland. Whether and to what extent your practice or ownership interest in a practice (if you are a part owner in a practice) is considered marital or non-marital property depends on when you acquired your practice relative to the date of your marriage. Another factor in determining to what extent your practice may be marital is whether any marital funds were used to pay for any loans, improvements even if you owned your practice prior to your marriage.
Our family lawyer for doctors and dentists is well experienced in representing clients both in family law cases and acquisitions of privately owned medical and dental practices. Learn more about how the courts treat private medical/dental practices in divorce cases and how you could protect your ownership rights HERE.
How is Child Custody Decided in the Family Division of the Circuit Court for Montgomery County MD?
Anyone who has had to deal with residential custody issues in Maryland knows that the standard for determining a minor child’s custody is the “best interest” test, which seems to be a vague notion at first glance. After all, what determines what is in the best interest of a child or children without saying more about it. A study of Maryland child custody laws, however, provides some guidance on this subject. In this article our experienced child custody lawyer provides some general information regarding Maryland custody laws. For specific advice regarding your case please book your consultation with us.
Find the full discussion on Maryland child custody laws and factors in deciding child custody HERE.
What Are the Differences between a Maryland Protective Order and Peace Order?
Both Maryland Protective Order and Maryland Peace Order statutes serve as civil remedies to protect and shield individuals from “abuse” and “threats of abuse” as that term (abuse) is defined by the corresponding Maryland Statute (see below).
While they share procedural similarities, they are governed by distinct statutes, apply to different relationships, and offer varying scopes of relief. Therefore, understanding these differences is essential for both petitioners and respondents navigating final protective order and final peace order proceedings. Maryland Family Law FAQs
For further discussion of the differences between a Maryland Protective Order and Peace Order visit the full article HERE.