Defending Against Protective Orders In Maryland: Respondent’s Rights And Legal Options – FAQs

If you are served with a Protective Order in Maryland, it is extremely important to know your rights as a Respondent. Here are some frequently asked questions that the Greenberg Legal Group often receives about defending against Protective Orders in Maryland:

1. Can I contest the allegations in the Protective Order?

Yes. As the Respondent in a Protective Order action, you have the right to contest the allegations which the Petitioner (the person seeking the Protective Order) has made against you. This will typically occur at the Final Protective Order hearing.

At the Final Protective Order hearing, both parties will be given an opportunity to present evidence such as testimony, documents and other pieces of evidence. During this hearing, the Respondent can present evidence to refute or dispute the claims made by the Petitioner. The Petitioner carries the burden of proof in protective order cases. Therefore, if the Respondent can testify or produce other evidence which disproves the Petitioner’s claims, it may be more difficult for the Petitioner to meet their burden of proof and obtain a Final Protective Order.

2. What if I don’t want to contest the allegations?

When the Respondent contests the allegations in a protective order case, they must have a contested hearing at the Final Protective Order stage. Moving forward with this type of hearing can carry a significant risk to the Respondent. Although the Respondent may feel they have a valid defense to the allegations made by the Petitioner, there are no guarantees at trial as to whether the Respondent will succeed in their defense. If the Petitioner is able to meet their burden of proof, the Court will make a finding that the Respondent is not successful, the

Under Maryland law, the Respondent has the right to consent to the entry of a Final Protective Order. When the Respondent consents to the entry of a Final Protective Order, the Respondent is not contesting the allegations made by the Petitioner and the Court will not hold a contested hearing. The benefit to the Respondent of consenting to a Final Protective Order is that the Respondent is not admitting any of the allegations made by the Petitioner and the Court is not making any finding that the Respondent committed any wrongdoing. This may be a more appealing option to a Respondent who is concerned that the Court may not rule in their favor or otherwise believes having a contested hearing is too risky.

3. Should I hire an attorney for my Protective Order case?

Yes. Protective order cases are very serious and can have significant consequences for both the Petitioner and the Respondent. An attorney will go through the facts of your case, understand your side of the story and review all evidence which you have to support your claims. This will help the attorney formulate a case strategy to best represent you. If you decide to contest the allegations in the Protective Order case, it is extremely important that you have an attorney represent you at the contested hearing.

Robert Greenberg, Esq. and the law firm of Greenberg Legal Group LLC have extensive experience representing clients in protective order actions. Our primary goal is to protect our client’s interests by giving specific attention to the details of each client’s case. Our firm is located in Annapolis, Maryland and practices in Courts throughout the State of Maryland. Please contact our office at (410) 650-4242 for further assistance.