Domestic Violence and Protective orders:
The law office of Michael J. Onifer, III located in Elkton Maryland, Cecil County handles domestic violence and protective order hearings these hearings are usually held in the district court of Cecil County on Monday mornings before the Honorable Judge Steven J. Baker however any judge in the District or Circuit court may hear the petitions. In most instances, a judge or court commissioner may grant a protective order for a period of seven days to an alleged victim of domestic violence. Thereafter the matter is scheduled for a full hearing within the seven day period or shortly thereafter depending on the court’s schedule. At that hearing the petitioner must prove to the court by clear and convincing evidence that a protective order should be issued. A protective order has many ramifications and may order one party to vacate a residence and have no contact with the petitioning party.
A court may decide to issue a peace order instead of a protective order. This decision is based on the relationship between the parties, i.e. the victim and the person committing the prohibited act. Protective orders apply to people in domestic relationships. i.e. boyfriend/ girlfriend, husband/wife, domestic partners. Peace orders apply to other relationships such as neighbors, co-workers, or people casually dating.
Numbers that may be helpful include a 24-hour domestic violence hotline at 1888-880-7884, a national domestic violence hotline at 1800-799-SAFE and the Maryland network against domestic violence at 1301-352-4574 or 1800-MD-HELPS.
In order to qualify for a protective order the petitioner, person seeking the order must prove to the court by clear and convincing evidence that the other party committed an act that caused serious bodily harm, an act that placed the petitioner in fear of imminent bodily harm, assault in any degree, rape or a sexual offence, attempted rape or sexual offense, or false imprisonment.
In order for a court to issue a peace order a petitioner, person seeking the order must prove to the court by clear and convincing evidence that the other party has been stalking, harassing, trespassing, or malicious destruction of property.
