www.charlesjeromeware.com " Here to make a Difference."
Premier civil and criminal defense attorney Charles Jerome Ware is Howard County, Maryland-based, nationally-known and respected, and is ranked by his many satisfied clients as well as his peers as one of the top attorneys in Maryland in representing both petitioners and respondents in protective order and peace order cases. For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.
[Kindly note that this blog post does not create an attorney-client relationship with the reader]
As an update, it should be noted that, as of October 1st, 2014 in Maryland, it became easier for petitioners to acquire a final peace order or a final protective order in Maryland's state district courts and circuit courts. Simply put, in early 2014 Maryland lawmakers voted to lower the "burden of proof" that petitioners (complainants) must meet in order for courts to issue final orders in these cases. Needless to say, if you have been served with a Maryland protective order or peace order, you should consult with an attorney immediately. Although Maryland protective order and peace order
hearings are considered as civil matters, the consequences from these rulings and decisions can be significant for those affected.
Standard of Proof before October 1st, 2014
Before October 1st, 2014, Maryland law required a person seeking a final protective or final peace order to prove that the respondent (defendant) committed at least one of the unlawful acts described in the statute by a "clear and convincing evidence" standard. This standard of "clear and convincing evidence" is a burden of proof which HIGHER than a " preponderance of the evidence" standard, and LOWER than the criminal burden of proof standard of " beyond a reasonable doubt."
Standard of Proof after October 1st, 2014
Now, the standard of proof has been LOWERED to "preponderance of the evidence." Beginning October 1st, 2014, Maryland law changed and currently requires that, in order for a Maryland district or circuit court to grant a final protective order or peace order, the petitioner need only prove their case by the much lower standard of " a preponderance of the evidence."
When served with a Protective or Peace Order
When you are served with a protective or peace order, hire an experienced attorney immediately.
There are some situations in which the parties -- utilizing attorneys, mediators or other intervenors --- can create a private legal agreement between the parties which can help avoid the serious problems that can develop with public disclosure of this usually private matter. There are also other defenses which, depending upon the individual facts of the situation, can be utilized.
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