Can a Protective Order be Permanent? | Maryland Domestic Violence Laws | Andalman & Flynn Law Firm
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Can a Protective Order Be Permanent?

Sep 25, 2018 | Protective Orders

A protective order allows a person eligible for relief to secure protection from abuse. A judge may enter a protective order where the judge finds by a preponderance of the evidence that the alleged abuse has occurred, or if the respondent consents to the entry of a protective order.

These protective orders may order that a respondent refrain from abusing or threatening you, or refrain from contacting or harassing you, or refrain from entering your residence or place of employment. In most circumstances, a final protective order shall be effective for the period stated in the order, not to exceed one year.

However, beginning October 1, 2018, the Maryland General Assembly expended the circumstances under which a court will issue a permanent protective order.

The court will issue a permanent protective order if the abuser is convicted of a crime for an act of abuse that led to the issuance of a protective order and the abuser has been sentenced to imprisonment in accordance with the terms of the statute.

Under the newly expanded circumstances under which a permanent protective order may be issued, the abuser must have been sentenced to a term of imprisonment of at least five years and the abuser must have served at least twelve months of the criminal sentence. The victim must request that the protective order be permanent. Unless terminated at the request of the victim, a protective order issued under these circumstances shall be permanent.

If you would like to learn more about permanent protective orders contact the lawyers at Andalman & Flynn in Maryland. If you need help with any of a variety of other legal matters, the attorneys at Andalman & Flynn are here. Don’t hesitate to contact us today at 301-563-6685.