What is the standard of proof for getting this order?

In order to obtain a protective order you need: 

 

Interim and Temporary Orders - “reasonable grounds to believe that the Respondent has abused a person eligible for relief (PEFR)”

 

Final Order - If the judge finds by a preponderance of the evidence [(more likely than not)] that the alleged abuse has occurred.

Or if the respondent consents to the entry of a protective order, the judge may grant a final protective order to protect any person eligible for relief from abuse.

I order to obtain a peace order you need: 

 

Interim and Temporary Orders - “reasonable grounds to believe that the Respondent has abused a person eligible for relief (PEFR)”

 

Final Order - If the judge finds by a "preponderance of the evidence" (more likely than not) that the respondent has committed an abusive act, and is likely to commit an abusive act in the future.

Or if the respondent consents to the entry of a peace order, the court may issue a final peace order to protect the petitioner.

How long do the orders last ? 

Temporary protective orders normally do not last longer than 7 days, but judges may extend a temporary protective order from 30 days to 6 months. Temporary protective orders may be extended to effectuate service of the order, to provide protection, or other good cause. 

Final orders last up to 1 year with the option to extend for 6 months.

In some cases, a Petitioner may be eligible for a 2-year Final Protective Order or even a Permanent Protective Order.

(Permanent orders are available in very limited circumstances.)

The permanent protective order lasts until the victim requests termination.

A peace order may last up to 6 months and may be extended by the court for up to 6 months.

Protective

Allows certain victims of domestic violence to receive protection and some kinds of relief

             You are eligible for a protective order if :

You are current and former spouses.

Have had cohabitants for 90 days in the last year.

A parent, stepparent, or stepchild (under certain circumstances)

Person who has had a child with the respondent.

Person who has had a sexual relationship with the respondent within one year before filing the petition.

A person related to the respondent by blood, marriage, or adoption.

         Abuse defined as:

Act that causes serious bodily harm

Act that places the petitioner in fear of imminent serious bodily harm

Assault

Rape or sexual offense

False imprisonment

Stalking

Peace

Provides protection to people experiencing certain kinds of abuse who are not eligible for protective orders.

Anyone who is not eligible for a protective order, but who is a victim of abuse may file a peace order.

Unlike a protective order the act must have occurred within 30 days of filing the petition. The petitioner must also show that the act occurred and that it is likely to occur again

             Abuse defined as:

Act that causes serious bodily harm

Act that places the petitioner in fear ofimminent serious bodily harm

Assault

Rape or sexual offense

Stalking

Trespass under Title 6, Subtitle 4 of the Criminal Law Article; orMalicious destruction of property

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Protective V.S Peace Order

Peace and Protective Orders are civil orders issued by a judge that order one person to refrain from committing certain acts against others. Protective orders offer additional types of relief and peace orders include additional types of abuse.

The main difference between the two is sex. If you have had or are having relations with the abuser, you are eligible for a protective order. 

Healing & Empowering Women

 (202) 630- 4094

Info@dchew.org

"You are brave. You are strong. You are beautiful"

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