How Can You Obtain A Peace Order Against A Family Member?

A peace order is similar to a protective order, but a little different. For those who are in need of protection, but not eligible for a protective order, a peace order is worth considering. 

What Is A Peace Order? 

A peace order is defined as the following: a court order that requires one particular individual to stay away from another individual and, in turn, to not contact that individual.

Many people liken a peace order to a restraining order. A variety of similarities exist between the two and, as such, one can consider a peace order Maryland’s version of a restraining order.

Even though a peace order is, by and large, effective, it does not serve as a protection mechanism for those who are related to, or in a relationship with, an individual that has hurt them. These relationships require a protective order. 

What Situations Allow You To File For A Peace Order? 

A wide variety of situations allow an individual to file for a peace order. Some of the most notable situations that allow an individual to file for a peace order are as follows:

• Being the victim of an assault by a particular individual.
• Being the victim of false imprisonment by a particular individual.
• Being the victim of threats, or some other act, by a particular individual.
• Being the victim of harassment by a particular individual.
• Being the victim of trespassing by a particular individual.
• Being the victim of malicious destruction of one’s property by a particular individual.
• Being the victim of revenge porn by a particular individual.
• Being the victim of stalking by a particular individual.

Regarding the “particular individual” component of the above, an individual can only file a peace order against certain people. The people that an individual can file a peace order against are as follows:

• Someone whom they are not related to.
• Someone whom they are not in a sexual relationship with.

Given the criteria outlined above, if an individual is the victim of any of the crimes outlined above, they will only be able to obtain a peace order if their relationship with that person is relatively minimal. 

What Do You Need To Prove To Obtain A Peace Order? 

To obtain a peace order, the individual who is filing for a peace order must prove several things. The “several things,” in question, are as follows:

• The person who committed the act did so within the last thirty-days.
• The person who committed the act is likely to do so again.

A failure to prove either of the conditions above will lead to the denial of a peace order. But, if those conditions are proven, then the court will grant a peace order.

A final peace order can be developed. A final peace order can last for as long as six-months and, if there is reason to extend the order, another six-months after that.

Do You Need Legal Help? 

Criminal cases are, more than anything else, a series of complex legal processes. Going through these complex legal processes can be a source of stress and confusion.

Speak with a trusted Bel Air criminal lawyer today. We, at Schlaich & Thompson, have more than 60 years of combined legal experience in criminal law and, as such, are ready to assist you.

Sources: 

peoples-law.org/peace-orders

courts.state.md.us/legalhelp/domesticviolence

peoples-law.org/comparing-protective-and-peace-orders