The Steps for Getting a Protective Order in Maryland

How to Get a Court Order Restraining the Actions of Another Person

The Steps for Getting a Protective Order in MarylandDo you need to take legal action to limit another person’s contact with you? In the state of Maryland, you can obtain a protective order through either the District Court or Circuit Court in the county where you live. Before a court will issue such an order, you must show how you might be subjected to abuse by the restrainee. That requirement can be met by showing one or more of the following:

  • Actual physical violence in the past—hitting, kicking, shoving, punching, biting, or throwing objects at you
  • Threats or actions that reasonably put you in fear of imminent serious injury
  • Rape or sexual assault
  • Stalking
  • False imprisonment
  • Mental injury to a child

To qualify for a protective order, a person must fall into one of the following categories:

  • A current or former spouse of the abuser
  • A cohabitant of the abuser
  • A person related to the abuser, whether by blood, marriage, or adoption
  • A person who has had a child with the abuser
  • A person who has been involved in a sexual relationship with the abuser within one year of the petition for a protective order
  • A parent, stepparent, or stepchild, provided they have lived with the abuser for at least 90 days in the last 12 months
  • Any vulnerable adult

Experienced Criminal Defense Attorney in Baltimore County

Attorney Jonathan Scott Smith brings more than three decades of experience to criminal defendants throughout the greater Baltimore area and across the state of Maryland. A recipient of the Client’s Choice Award from AVVO, with an average client review of 5 stars(the highest rating possible), he also has a perfect 10.0 (Superb) rating as a litigation attorney from AVVO and was named a 2012 Top-RatedLawyer by The American Lawyer magazine.

Attorney Smith is AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review System and has been named a Maryland Super Lawyer. He’ll fight for your constitutional rights in any criminal proceeding, from investigation and arrest to arraignment and trial, if necessary. He’ll carefully investigate the facts and circumstances of your arrest and detention in order to present the strongest arguments for your acquittal. He’s a proven trial attorney, with the experience, skill, knowledge, and resources to protect your rights in any criminal matter.

Prince George’s County Criminal Defense Lawyer

Contact criminal defense lawyer Jonathan Scott Smith by e-mail or call our office at 410-740-0101 for an appointment. We handle criminal prosecutions in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Woman Cleared of Violation of Protective Order

Criminal Charges Brought for Violation of Protective Order

A 31-year old mother was charged with Violation of Protective Order and Telephone Misuse after her estranged husband claimed she repeatedly called and texted him in violation of an existing order of protection sought by the husband. In many domestic violence and protective order cases, the party who sought the protection order prohibiting all contact later initiates emails, texts, or phone calls. Then, when the person subject to the protective order responds to the contacts, the “victim” seeks criminal charges for violation of protective order. This is an abuse of the legal process and subjects many innocent people to arrest, criminal prosecution, having to post bail, and legal fees for a criminal defense lawyer.

What are the Penalties for Violation of Protective Order in Maryland?

Judges treat violations of protective orders very seriously. A conviction is a misdemeanor. For a first offense, the court can impose a fine up to $1,000.00 and imprisonment up to 90 days, or both.  For a second or subsequent offense, the court can impose a fine up to $2,500.00 and imprisonment up to 1 year, or both.
Charges for Violation of Protective Order Dismissed

In this case, as in many others, telephone records revealed that it was the husband who repeatedly initiated telephone contact with wife, and then engaged in back and forth communications. The case was heard in the District Court for Howard County.  The wife was represented by Columbia criminal defense lawyer and domestic violence attorney Jonathan Scott Smith of the Smith Criminal Defense Firm. Mr. Smith, a former prosecutor, has extensive experience in criminal law. He believes in aggressively defending domestic violence cases. The client refused all plea bargain offers. The prosecutor, after losing another case to Mr. Smith,  dismissed all charges.

Howard County Criminal Defense Attorney

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including numerous violation of protective order charges. With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Top Rated Columbia and Ellicott City Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in violation of protective order and other criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

Contact Our Office

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in violation of protective order, other criminal defense matters, DUI / DWI, MVA Hearings, traffic offensesdomestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Woman Cleared of Violation of Protective Order

Criminal Charges for Violation of Protective Order
protective-order
A 31-year old Columbia woman was charged with Violation of Protective Order and Telephone Misuse after her estranged husband claimed she repeatedly called and texted him in violation of an existing protective order that had been sought by her husband. Every person accused of a crime, including criminal charges of violation of protective order, is presumed to be innocent and has the right to fight those charges.

What are the Penalties for Violation of Protective Order in Maryland?

If a person is convicted of violation of protective order in Maryland, they are subject to criminal penalties. The crime is a misdemeanor. For a first offense, the court may impose a fine up to $1,000.00 and imprisonment up to 90 days, or both. For a second or subsequent offense, the court may impose a fine up to $2,500.00 and imprisonment up to 1 year, or both. Judges treat violation of protective order charges very seriously.

Woman Cleared of Violation of Protective Order Charges

Jonathan Scott Smith of the Smith Criminal Defense Firm in Howard County, Maryland prepared a vigorous defense. On Mr. Smith’s recommendation, the accused woman refused all plea bargain offers. Mr. Smith obtained telephone records revealing that it was the husband who repeatedly initiated telephone contact with wife, and then engaged in back and forth communications. The husband’s conduct completely contradicted his claim that he was being harassed by his wife. The prosecution caved and dismissed all charges.

Howard County Criminal Defense Attorney

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including numerous violation of protective order charges. With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Top Rated Columbia and Ellicott City Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in violation of protective order and other criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

Contact Our Office

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in violation of protective order, other criminal defense matters, DUI / DWI, MVA Hearings, traffic offensesdomestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101