Fighting a Restraining Order
June 10, 2024
Being served with a restraining order can be a shocking and emotionally draining experience, especially if you are being wrongly or falsely accused. Receiving a restraining order can make you feel like a criminal even if you haven’t done anything wrong. If this sounds like your situation, you need to remain calm and know that there may be a way out of this.
Consider contacting our team of attorneys at Mohammadi & Humayun, LLC, who can defend you against the accusations you are facing and help you clear your name. Our peace and protective orders attorneys in Rockville, Maryland, can help explain your options for fighting the order after evaluating the evidence and arguments from the other side.
What Is a Restraining Order?
In order to know how to fight a restraining order, you need to know what you’re up against. If you have been served with a restraining order, also known as a protective order, it means that someone you are related to or live/lived with (e.g., your former or current spouse) is trying to convince the judge that you are physically abusing, sexually abusing, harassing, stalking, or threatening them in any other way.
However, you shouldn’t confuse restraining orders with peace orders in Maryland. The key difference between a peace order and a restraining order is that the latter is exclusively for those who have a current or previous relationship with the person they are seeking protection from. Peace orders, on the other hand, can be filed by individuals who are not related to or living with the person they file their order against.
Who Can File a Restraining Order Against You in Maryland?
As mentioned earlier, anyone with whom you have a current or previous relationship could file a restraining order against you. The list of eligible individuals includes:
Your former or current spouse
Your current or former cohabitant
The person you share children with
The person you had a sexual relationship with in the past year
Your child, stepchild, or parent if you have lived with them for no less than 90 days out of the past year
Others who are related to you by blood, marriage, or adoption
Individuals who do not fall under any of these categories cannot request a restraining order but could still apply for a peace order.
How Fast Can a Restraining Order Be Issued?
The entire process for getting a restraining order in Maryland can take some time, which can range from several days to several weeks. The process requires that the person who would be subject to the order is properly notified and given a chance to defend themselves.
However, Maryland courts also realize the serious and urgent nature of abuse allegations and may issue what is known as an “interim protective order” on the same day that the petitioner files their request. These emergency protective orders are issued when there are reasonable grounds to believe the petitioner is in imminent danger.
What Are Your Rights if You’ve Been Served with a Restraining Order?
If you are facing a restraining order hearing, you are entitled to certain rights:
The right to be notified of the order filed against you
The right to defend yourself and contest the order
The right to legal counsel
However, the right to legal representation does not mean you are entitled to free appointed counsel. That is why you might want to start looking for an attorney the moment you have been served with a restraining order. Your attorney will prepare you for a hearing to contest the order by presenting compelling evidence and arguments to the judge.
How Can You Fight a Restraining Order Against You?
As mentioned earlier, the first thing you need to do once you learn that someone is filing a restraining order against you (or is contemplating doing it) is contact an attorney. Your attorney will provide you with trusted legal guidance during this difficult time and help you prepare for the upcoming hearing.
Basically, the only way to fight a restraining order at the hearing is to present sufficient evidence proving that:
You are not a threat to the petitioner
The order would not be necessary or just
A skilled attorney will identify the right strategies to use in your case when evaluating your case. Since everyone’s situation is unique, those strategies will vary greatly from one individual to another.
Do not wait until the judge issues a restraining order against you. Act immediately. Reversing a restraining order once it has been issued is a more difficult route than challenging the petitioner’s attempts to grant one in the first place.
Get Help in Fighting a Restraining Order
Whether you have been served with a restraining order or think your current or former spouse or partner or another person could start the process of getting an order against you, you need to understand the urgency of the situation. Given that your rights and your reputation are at stake, you don’t want to make any mistakes that could complicate your situation even further.
At Mohammadi & Humayun, LLC, we understand the emotional toll these cases can take and strive to handle each case we represent with the utmost sensitivity and respect. For us, fighting a restraining order is not just about winning a case. It’s also about reclaiming your dignity and restoring your quality of life.
Reach out today to request a consultation with our attorneys. We serve clients in Maryland, throughout Montgomery County, Prince George's County, Howard County, and Fredrick County.