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Rockville Protective Order Lawyers
Handling Domestic Violence Cases in Montgomery County, Maryland
The State of Maryland takes allegations of domestic violence very seriously. If you are suffering from domestic abuse or if you are being accused of abuse, you should hire an attorney to help you handle this delicate issue – even if the Sheriff’s deputy or police officer says that you don’t need one. Prudence A. Upton is an experienced litigator who represents both victims of domestic violence and those who have been accused of domestic violence. We are available to meet with you to discuss your case and how to proceed.
If you believe you are in imminent danger, you should call the police right away. Call 911!
What Is a Protective Order and How Do I Get One?
A victim of domestic violence can get an order for protection 24 hours a day, seven days a week, in Maryland. During work hours you can go to either the District Court or Circuit Court and obtain an ex parte Temporary Protective Order which is valid for seven days. After hours and on weekends and holidays the District Court Commissioner may issue an Interim Protective Order that is valid for two business days, after which you have a hearing to be granted a Temporary Protective Order.
What Happens After the Temporary Protective Order Is Granted?
Allegations of domestic violence set off a fairly rapid legal process: Your case will have its final hearing within one week from the time a Temporary Protective Order is granted. At the hearing, the judge will decide whether to issue a final Protective Order that will make it illegal for the alleged abuser to have contact with the complainant, and if appropriate to the case, put the alleged abuser out of the family home, grant custody of the children, set a visitation schedule with the children, and establish emergency family maintenance.
Domestic Violence Allegations Can Impact Divorce and Custody Cases
Many cases that begin with allegations of domestic violence end up ultimately resolving through divorce or child custody litigation. If one party has been found to have committed assault or abuse, it can have a strong influence on the judge’s perception of that party and may affect any decisions made regarding:
- Marital Property Division
- Child Support
- Child Custody and Visitation
- Spousal Support