Can Both Parties Request Protective Orders Against Each Other?
It is certainly possible for two parties to request protective orders against one another. If the court finds that there is a legally valid basis for two requests, the court may grant protective orders to both parties. This means that no contact orders would be put in place for both parties.
Generally speaking, one party seeks a protective order against another party, however, there is nothing that precludes the respondent from seeking a protective order against the petitioner. If the court finds that there is a basis for the protective order to be awarded both ways, then the court can grant orders against each party.
Can I Communicate With My Children If My Spouse Has A Protective Order Against Me?
This depends on the language of the protective order, and whether the judge has allowed for communication with the children in question. In most cases, a protective order is granted to one adult against another and a child or children are not part of the protective order proceedings. The protective order, if awarded, would only preclude the respondent from contacting the petitioner but not their children. The court can add language to the order that specifically permits limited contact between the parties pertaining to the child.
How Does A Protective Order Impact Child Custody Matters In Maryland?
Protective orders can drastically affect child custody issues in a number of ways…
First, the court has the authority to award temporary custody to the petitioner alongside a protective order, for example, if there is no other custody arrangement or order in place.
Second, the court can make a determination as to what visitation schedule should occur while the protective order is in effect. This determination would only be effective as long as the protective order is, which is typically for up to 12 months. This can certainly affect the ability of the respondent to see their children if the court formulates a custody schedule under the protective order.
Third, if the protective order is contested and goes to a hearing, the court has to make a finding as to whether or not the respondent committed an act of abuse under the statute. If the court finds that the respondent did commit an act of abuse, then the court will award the final protective order.
Such a judicial finding of abuse can have adverse consequences for the respondent when it comes to custody proceedings as the court is required to assess the conduct of both parties prior to custody proceedings. The court would certainly take into consideration any findings of abuse by another court of law, so a protective order may have really significant consequences in terms of custody.
What Are The Common Mistakes Made By Petitioners Once A Protective Order Has Been Issued?
Petitioners can make a range of mistakes following the issuance of a protective order…
Petitioners, those who have a protective order issued in their favor, will sometimes reach out, even though the protective order is in effect. Perhaps the order was issued at a time when tensions were high, there was a singular incident that preceded the protective order, or the petitioner did not wish further contact with the respondent. But, as time passes, matters begin to settle and the petitioner may wish for contact again with the recipient.
This, however, can lead to serious issues because it can cause the respondent to respond to the petitioner, which may be in violation of the order, even though the contact itself is innocent or well-intentioned. Thus, it is crucial that both the respondent and the person against whom the protective
order was issued are careful to ensure that any contact between them is within the scope of the protective order at all times.
For instance, the protective order may stipulate that no contact is allowed under a protective order, and so even if the petitioner contacts the respondent, the respondent is not permitted to respond as well as initiate contact, which would be considered a violation of the protective order.
Similarly, if the protective order states that parties may only have contact with their child on a limited basis, and the petitioner reaches out to the respondent to ask about something unrelated to the child and the respondent takes part in that conversation, this would be considered a violation of the order. It is easy to forget in day-to-day interactions that restrictions still bind both parties to the protective order, and any violations might have severe consequences.
Can Your Law Firm Help Me Defend Against A Protective Order Placed Against Me?
Here at the Greenberg Legal Group, we have years of experience representing clients in different jurisdictions on matters relating to protective orders. Protective orders are a very serious topic with severe consequences if not handled appropriately.
Consequences can range from difficulty finding employment to findings that the respondent has done something wrong. They can also severely impact custody and divorce proceedings. Significant considerations need to be made, especially in defending against a protective order. However, our firm has the right experience and ability to handle protective orders on behalf of both parties, the petitioner and the respondent.
For more information on Defending Against Protective Orders in Maryland, an initial consultation is your next best step. Get the information and legal answers you seek by calling (410) 650-4242 today.