Domestic Violence Protective Orders

Household members have a fundamental right, recognized by Maryland statute, to be free from domestic abuse, such as, for example, assault, battery, forced sexual contact, or threats of the same.  Where there is abuse, a victim may file a court petition for relief, without prior notice to the abuser and obtain an immediate temporary restraining order, a no contact order, summary eviction of the abuser from the home, use and possession of the home, custody of the children, as well as emergency financial assistance, for a short period, but extendable for up to 1-1/2 years after hearings are afforded to the other party.  Accordingly, a person facing the prospect of divorce or separation should avoid taking any action involving a household member which might be construed as abusive, whether or not so intended, as it is often difficult to persuade a divorce court to change the "status quo" created by an earlier domestic violence order.