| you do not need to be married to the other
party; you must be the spouse or former spouse of the alleged
abuser; related to the alleged abuser, or live with the alleged
abuser. This includes the parents and children who have lived
with you or the other party for at least 90 days within the
past one-year.
To seek court intervention, you must petition the District
or Circuit Court for a Temporary Ex Parte Order. The decision
whether you should file your petition in District or Circuit
Court is one you should make with the help of an experienced
attorney since that choice may have an effect on future proceedings.
If you are afraid to reveal your address for fear of more
abuse, the court can order that your address not be disclosed.
Once you file your Petition for a Temporary Ex Parte Order,
a hearing will be held. If the Judge decides that the abuse
occurred, then he/she will issue a Summons commanding the
other party to appear in court for a Protective Order hearing
within seven days after the Temporary Ex Parte Order is signed.
Both parties should be represented by attorneys at this hearing
because the result of the hearing can have a serious effect
on your relationships and finances. The court can, among other
things, order the parties to remain apart and have no contact
with each other and other family members, make custody and
visitation decisions concerning the parties children, award
emergency family maintenance funds and have it paid as a wage
lien and award you the use of any jointly owned vehicle. This
order will be effective for no more than 200 days.
Once the Protective Order expires, if there are no other signed
agreements or court orders to the contrary, the parties are
in the same legal position they were in before the Ex Parte
Order. If you desire a permanent separation or an additional
resolution concerning children, support or property, you need
to take additional steps before the Protective Order expires.
Consult with and hire an experienced attorney long before
that expiration date. What may seem like an emergency to you,
may not be an emergency to the court. It can take months before
you have a hearing on custody, visitation or support; so it
is important to act promptly.
If you or a loved one is being abused and would like to file
a complaint, call Cohen & Dwin as soon
as possible at 410-LAW HELP.
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