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Addendum To Petition For Protective Order - Maryland Courts Form

orders for protection they started out this way what is that that's where a judge for ders somebody to keep away from somebody else and they can order you to do a whole bunch of other things that I'll talk about in a minute they started out because when somebody would be harassed usually it was a female asking for one to keep a guy away from them they could they made a law that said hey a judge can order somebody to do that without even having a hearing if there's enough evidence from the from the girl that's accusing the guy of it or vice versa that this harassment is going on what happens there's two ways to get one in Minnesota one is to if you want to get an order for protection the petitioner the person asking for an order for protection can ask a judge for a hearing and go through the courts get a hearing and then present evidence as to why another person's harassing them and whether they want to why they want an order from a judge keeping someone away on the other way to do it is what's called an ex parte order for protection and that's where somebody just fills out an application that it then a judge reads and if a judge determines that there's enough harassment going on or enough of a threat they'll issue an ex parte order for protection which means without a hearing and then what happens is the sheriff gets a copy of it and then they serve it on the person who's supposed to have no more contact that the judge is ordering to stay away from someone that person who's being ordered to stay away or stop contact or whatever is called the respondent and these things and if you get served with one of these that usually can look like this this is an emergency ex parte order for protection if you get served with one call a lawyer right away because you've got a right to have a hearing if someone's trying to keep you away from them you've got a right to go into court and have a hearing but you've got to do it really quick and present evidence about why the allegations were a bunch of BS and why this order for protection shouldn't be hanging over your head because it's going to go on your on your record as far as law enforcement is concerned and also it'll it'll be a major pain in your life and it can also lead to future criminal charges potentially so they're not a good thing to be served with an order for protection all right if somebody gets an order for protection what can a judge keep you from doing well a judge can keep it from doing a whole lot of things they can order you to not commit any acts of domestic assault which doesn't mean just just hitting somebody but even if if somebody perceives a threat that they're going to be hit or harmed in any way that would be a violation of a judge ordered you not to commit any acts of domestic assault there are other things the judge can order you to have no contact with that person whatsoever that means written over the phone text messages Facebook emails writing notes on cars doing whatever you can't have any contact if a judge orders you not to have any contact with them that can be a problem you have two people were married and they have a kid together and now you get served with an order for protection and now you want to find out from your wife all right well I want to see my kid and you can't even call to arrange that not talking about anything else with her that would be a violation just to call to say hey let's set up a time that I can see my kid or hey I need to a bank account pen so I can get some money out you couldn't do anything like that that would be a violation another thing a judge can keep it doing is from going to your own home so your girlfriend gets an order for protection from you or your wife does or something and you live together and even if you're the one that pays that pays the rent or the mortgage or whatever a judge can order you to stay out of your own home and not to be there at any time so that can be really harsh for people because we're all so you're going to go live for a while now and these orders protection can even last a couple years sometimes another thing they can already have to stop doing is to go to the person's place of employment where the person who got the order for protection against you that can be a problem if you work together if it's a known it's a co employee co-worker that gets an order for protection against you now you can't even go to your own workplace more than likely your job is going to fire you for that if you can't even come to work so that can be a problem or if you work at nearby places together that can be a problem there are some defenses to these things one thing is that whether you're not you're served properly there are specific service requirements and if they don't get to serve the right way and in the right time frame you can make an order for protection go away that way and that's criminal defense lawyers know how to look into that another defense to it of course is you have like you have the right to a hearing sometimes the allegations are completely made up because you've got a mad ex-girlfriend or something like that and sometimes people who make those allegations up and you can go into court and have a hearing and show the judge why this order for protection shouldn't be around and disprove those allegations sometimes we decide to do that sometimes it's not a good idea if you're in a situation where you've got a domestic assault case going on against your ex or current girlfriend or wife and now they get in order for protection and you want to go fight it sometimes it's not the greatest idea because you could be responding to allegations in there that could deal with your criminal case and although technically what you say in there isn't supposed to be admissible in your criminal case it gives prosecutors a great idea of some things you might be saying later in your criminal case or what your defenses might be so it's a tactical thing that you should consult with a criminal defense lawyer about whether to have a hearing on an order for protection what happens if you violate in order for protection so let's say the service on you is valid and you didn't have a hearing or you did and you lost the hearing and there is an order for protection out there if you violate that by having contact with them or whatever the judge says you can't do in this order for protection the first violations of misdemeanor which means it's punishable by 90 days in jail and a thousand dollar fine those are the maximums and it's going to be a criminal record and a judge can then if you're found guilty of it can order you through probation put you on probation give you a criminal record required to go to anger management or domestic abuse counseling and do a whole bunch of other things it's going to be a problem for future employment for you and police next time they come around if they learn about you usually aren't going to be to kindly if they see that you've got a prior order for protection violation on your record if you've got a prior order for protection violation and now you get another one within 10 years that's a gross misdemeanor which means it's punishable by a year in jail and a three thousand dollar fine and all of those other things with probation that I already told you about and there's also supposed to be a ten year or attend a mandatory minimum on a second violation within ten years ten days of jail at an absolute min mandatory minimum third violation within 10 years is a felony that can carry prison time it also can carry at least a minimum of 30 days in jail but again could be sentenced to prison for that and with a felony conviction of course comes to loss of civil rights and all that if you violate an order for protection a judge can also prohibit you from owning or possessing any firearms or dangerous weapons firearms means a heck of a lot more than just a gun it's other things like sometimes BB guns some BB guns actually qualify as firearms and then dangerous weapons can be in a whole lot of different things beyond guns sometimes knives can come into play I even have one time had a judge contemplating whether a hockey stick was considered a dangerous weapon so it can really mess with your life to have an order for protection out there and it's something that you should take seriously and consult with a lawyer about right away if you're charged with a violation of an order for protection again there are several defenses to those things another thing we look at is is sometimes these petitioners who will go out and get an order for protection then actually go and initiate contact again with the person with the respondent who the order for protection is against that's a good defense in a case any time that I can bring it to a jury and say well yeah technically he did answer her phone calls or he did go over to apartment to see her but guess what she made the call she was the one that asked them to come over and now the police found out about it and he gets charged with an order for protection that's a good defense because I don't think many juries are going to be sympathetic in that situation so there are others there are other some defenses for emergency situations and the like I can't advise you on whether or not that would be a defense in any particular case or list examples you should consult with a lawyer if you've got any questions about those speaking of that my name is Ryan pasilla if you have questions my website's arrested Minnesota comm and my number is six one two three three nine five eight four four