Who is eligible to file a Protective Order?
1. Current or former spouse
2. Cohabitant for 90 days in the last year
3. A person related by blood, marriage, or adoption
4. A parent, stepparent, or stepchild (under certain circumstances)
5. Vulnerable adult
6. If you have a child with the respondent
7. Had a sexual relationship with the respondent within one year of filing for a petition
Anyone who is not eligible for filing under a Protective order would have to file under a Peace Order.
- The act filed for in a Peace order much has occurred within thirty days of the filing of the petition for protection. In a Peace order action, in addition to proving “abuse” allowed under the statute, the Petitioner must show that the act of “abuse” is likely to occur again.
- Final Protective Orders typically last up to one year, with the option to extend for six months. In some cases, the protection may last for two years or may be permanent until terminated.
- Final Peace Orders typically last up to six months and may be extended for up to six months.
Sealing your Civil Record:
- Pursuant to the Maryland Family Law Code, if you have been a Respondent in a Protective Order or Peace Order and the Petition was denied or dismissed at the interim, temporary, or final Protective/Peace order stage of the proceeding; or you consented to the entry of a Protective Order/Peace Order, you may be eligible to have your record shielded.
- With respect to records kept at the courthouse, shielding your record means removing the record to a separate secure area to which persons who do not have a legitimate reason for access are denied access.
- With respect to electronic information about the proceeding on Maryland Judiciary Case Search, shielding means completely removing all information concerning the proceeding from the public website, including the names of the parties, case numbers, and any reference to the proceeding or any reference to the removal of the proceeding from the public website.
- A case will remain on your civil record indefinitely unless and until you request the matter be shielded with the court in writing.
- Upon a written request to shield your record, the court must schedule a hearing regarding the request. There are a number of conditions contingent upon the Court granting a request to shield your record.
The Law Office of Monica Guilarte is knowledgeable in this area of law and is here to help you remove any negative tarnish from your civil record.