Understanding Peace Orders
A peace order is a type of court order that provides legal protection from harassment, abuse, or stalking. It is a civil order that can be obtained by an individual who has been subjected to unwanted contact, threats, or violence by another person.
Peace orders can be obtained in Maryland and are governed by state law. They are often used as an alternative to a protective order, which is typically used in cases of domestic violence or relationship abuse.
Eligibility for a Peace Order
To be eligible for a peace order, an individual must have been subjected to harassment, abuse, or stalking by another person. This can include unwanted phone calls, emails, or text messages, as well as physical threats or violence.
The individual seeking the peace order must also have a reasonable fear of imminent harm or contact from the person who has been harassing or abusing them.
The Process of Obtaining a Peace Order
To obtain a peace order, an individual must file a petition with the court. The petition must include information about the harassment, abuse, or stalking, as well as any relevant evidence or documentation.
A judge will review the petition and may grant a temporary peace order, which will remain in effect until a hearing can be held. At the hearing, both parties will have the opportunity to present evidence and testify.
What a Peace Order Can Do
A peace order can provide a range of protections, including ordering the person who has been harassing or abusing the individual to stay away from them.
It can also prohibit the person from contacting the individual by phone, email, or text message, and may require them to surrender any firearms or other weapons.
Enforcing a Peace Order
A peace order is a court order, and it can be enforced by law enforcement. If the person who has been harassing or abusing the individual violates the peace order, they can be arrested and charged with a crime.
It is essential to keep a copy of the peace order with you at all times, as well as to inform law enforcement and other relevant parties about the order.
Frequently Asked Questions
What is the difference between a peace order and a protective order?
A peace order is a type of court order that provides legal protection from harassment, abuse, or stalking, while a protective order is typically used in cases of domestic violence or relationship abuse.
How long does a peace order last?
A peace order can last for up to six months, but it can be extended or modified by the court if necessary.
Can I get a peace order if I have already filed a protective order?
Yes, it is possible to obtain a peace order even if you have already filed a protective order, but the court will consider the circumstances and may require additional evidence or documentation.
Do I need a lawyer to get a peace order?
While it is not required to have a lawyer to get a peace order, it is highly recommended that you seek the advice of an attorney who is experienced in Maryland law and peace orders.
Can a peace order be appealed?
Yes, a peace order can be appealed by either party, but the appeal must be filed within a certain timeframe and must be based on specific grounds.
How much does it cost to get a peace order?
There is no filing fee to obtain a peace order in Maryland, but you may need to pay for other costs, such as attorney fees or court costs.