At Lotze Mosley, LLP, our criminal defense attorneys in Washington D.C. and Maryland represent individuals who are facing serious domestic violence charges, so they have the opportunity to tell their side of the story, and also so they know their rights and the consequences for violating protective orders in their communities.
That begins with each defendant understanding the types of protective orders that apply to their unique circumstances.
To follow is a list of protective orders in both Washington D.C. and Maryland, for reference.
What are the Different Types of Protection Orders in Washington D.C.?
- Civil Protection Orders (CPO)
- Anti-Stalking Orders (ASO)
- Extreme Risk Protection Orders (ERPO)
A Civil Protection Order lists the requirements the judge has ordered for the respondent – which is the person the order applies to — which may include staying away from, not contacting, or committing any offense against the petitioner — who is the person requesting the CPO.
A CPO can apply for a maximum of 2 years at a time.
A CPO is issued after a respondent has had the opportunity, or has been provided the opportunity, to be present at a court hearing.
An anti-stalking Order lists the requirements the judge has ordered for the respondent – which is the person the order applies to – which may include staying away from, not contacting, or committing any offense against the petitioner.
The court may grant an ASO to ensure the petitioner’s safety after alleging that the respondent is stalking the petitioner with at least one incident occurring in the last 90 days.
An ASO is issued after a respondent has had the opportunity, or has been provided the opportunity, to be present at a court hearing.
An Extreme Risk Protection Order allows a judge to order that an individual’s firearm, ammunition, a registration certificate, a license to carry a concealed pistol, or a dealer’s license be removed from the possession of someone who poses an extreme risk to themselves or others.
The request may be made by:
- An individual who is related to the other party by blood, adoption, guardianship, marriage, domestic partnership, having a child in common
- An individual who is cohabitating, or by maintaining a romantic, dating, or sexual relationship with the individual names in the order
- A member of the Metropolitan Police Department
- A Mental Health Professional
What are the Different Types of Protection Orders in Maryland?
- Interim Protective Order
- Temporary Protective Order (TPO)
- Final Protective Order
An Interim Protective Order is granted when there is reason to believe the petitioner has been abused.
The Interim Protective Order may require the respondent to:
- Refrain from further abuse or threats of abuse
- Refrain from entering an eligible person’s residence
- Remain away from the residence of an eligible person’s family
- Refrain from contacting, attempting to contact, or harassing persons eligible for relief
- Stay away from an eligible person’s work, school, or temporary residence
- Vacate the home where the eligible person and abuser are living together, award custody and/or temporary use and possession of the home to the victim
Once an interim protective order is granted, a Temporary Protective Order hearing will be held, in which the petitioner must be present. If the respondent does not attend, the hearing will continue in his or her absence.
A Temporary Protective Order is granted when it is reasonable to believe that abuse has occurred and requires the same conditions as an Interim Protective Order.
A TPO lasts no more than seven days when a Final Protective Order hearing is held.
A Final Protective Order hearing determines whether the protection should continue for up to 18 months.
The hearing can only occur after the alleged abuser has received notice of the hearing and the possibility of a protective order being placed against him or her.
Convincing a court to issue a final protective order requires a high level of proof, but they are issued throughout the state.
If there has been a protective order place against you, contact our experienced criminal defense attorneys in Washington D.C. and Maryland at Lotze Mosley, LLP to determine the best course of action for your unique case by calling (202) 759-5967 today.
