Upon receipt of your call we can explain defenses to get your case dismissed you may not be aware of.                             Experience gained in thousands of cases.                        There is no substitute for experience.

Aggressive Peace Order Lawyer
Experienced Representation
Bruce Lamb, Attorney at Law
B.S., MLA., PhD, J.D.

 

"Our objective is to get your case dismissed!"
Upon receipt of your call we can explain defenses you may not be aware of.
443 - 902 - 1962   24/7


Client Comments

"Bruce Lamb is the lawyer you need to take to court with you in any peace order case.   In my case he thoroughly researched the case, forcefully cross examined the complaining witness which completely convinced the court to deny the peace order so I did not have to testify.   I was further impressed that after the peace order was denied, he took further action to shield the fact the case ever existed. ~~A.N."

"Your knowledgeable representation in getting the peace order case dismissed was outstanding.  I did not realize how complex these cases were until after you researched and prepared my case for trial.~~E.W."

The result you obtained exceeded my expectations in that you got my case dismissed before I was required to take the witness stand and testify.~~W. B.

Upon receipt of your call we can explain legal defenses you may not be aware of to get your case dismissed.   If you are charged with a peace order or protective order, the person that has charged you has gone to court and provided testimony to a judge or other court official that you have engaged in conduct to enter a peace or protective order on your record.   In the event a peace order is entered on your record, it becomes a permanent record that can not be expunged.   Because a permanent record can affect you with issues such as employment, applications for certain benefits and situations beyond the person that charged you, your objective should be to connect with legal authorities that can give you the best chance to get your case dismissed, either prior to, or at your trial.

As the burden now shifts for you to provide a specific legal defense which are often embedded in specific higher court cases that a trial court must follow, you should position yourself to target the best opportunity to prevent a permanent order from being entered on your permanent record.   If we accept of your case, we will harvest information from you, and time permitting may file authoritative documents to attempt to have your case dismissed, prior to, or at trial.

Many cases that have a high potential for success are lost because the correct specific legal authorities were not set out in the documents filed with the court or successfully argued to the court.

"He who represents himself has a fool for a client." - Abraham Lincoln

This quote is especially true in peace and protective order cases because specific legal authorities were not filed with the court in pre-trial documents or argued at trial.

Frequently Asked Questions

How do I get a peace order in Maryland? The process of attempting to obtain a peace order in Maryland is to fill out a pleading in which the grounds for the peace order are set forth.

What is a peace order form? A peace order form is actually a legal pleading in which the grounds for a peace order are set forth.

How do you file a restraining order in maryland? A restraining order is an order that seeks to restrain a person from committing certain acts.

Where to file a peace order in maryland? A peace order can be filed in the District Court of Maryland in any county.

What is a peace order statute? A peace order statute is a statute or law that defines the grounds when the court will issue a peace order.

What is the maryland peace code. The peace order code is the laws in the Maryland code that set forth when the court will approve a peace order.

How to get a peace order in maryland? The process of getting a peace order is to retain a lawyer who is familiar with the peace order process and can make a determine if grounds exist to aply for a peace order.

What is peace order and good government? One of the functions of good government is to ensure the security of its citizens. A peace order is one way to protect citizens from one another.

What is an interim peace order in civil court? An interim peace order in civil court is a peace order the is only effective for a short period, usually seven days, until a hearing can be held on whether to grant a permanent peace order.

What is a peace order form? A peace order form is a prepared form available from the clerk of the court that helps the judge to determine whether a particular case justifies issuing a peace order.

What is the difference between a peace order and a protective order? A peace order may be issued against anybody, while a protective order can only be issued against a family member or romantic partner.

Define a peace order in Maryland. A peace order in Maryland is an injunction issued by the District Court and controlled by statute, Md. Code Ann. Courts and Judicial Proceedings 3-731. The statute is somewhat technical, so it is best to retain a lawyer to advise you.

What is a restraining order? A restraining order is a general term covering both peace and protective orders. Generally, a restraining order prevents the respondent from having any contact with the petitioner, but you should hire an attorney to interpret any particular order.

Define a protective order in Maryland. A protective order in Maryland is an injunction issued by the Circuit Court and controlled by statute, Md. Code Ann. Courts and Judicial Proceedings 2-403. The statute is difficult to interpret, so it is best to consult a lawyer to advise you.

Helpful Legal Terms

Consent Judgment - judgment whose terms are submitted to the court for its sanction and approval and agreed on by the parties.

Invoke the Rule - move for the exclusion of witnesses except parties from the courtoom

Notice - formal notification of a lawsuit to to a party that has been sued.

Justiciable - capable of being properly examined in court.

Judgment Notwithstanding the Verdict – A judgment notwithstanding the verdict may only arise after a motion for a directed verdict. A judgment entered by order of the court for one individual notwithstanding the jury’s verdict on behalf of the other party.

Jury Trial - trial in which the facts are determined by jury while the judge rules on the law, peace order in maryland

Jurisprudence - study of the theory of the legal system.

Opening Statement - first statement made by lawyers for each side, outlining the facts each intends to establish during the trial.

Opinion - a judge’s written explanation of the decision of the court or of the majority of judges. A dissenting opinion opposes the majority opinion because of the reasoning and or the principles of law on which the decision.

Offense - violation of a municipal ordinance or state statute.

Jury - group of persons selected according to law and sworn to question into and declare a verdict on matters of fact.

Offeror – person tendering an offer.

Oaths - sworn promises required in court, usually administered by the clerk of the court.

Jury List - list of jurors empanelled to try a cause or containing the names of all the jurors summoned to attend court.

Joint Tenancy - form of legal co-ownership of property also known as survivorship . At the death of one person, the surviving individual becomes sole owner of the property. Tenancy by the entirety is a special form of joint tenancy between a husband and wife.

Objection - process by which one party tries to prevent the introduction of evidence or the use of a procedure at a hearing. An objection is either sustained allowed or overruled by the judge.

Offense - violation of a municipal ordinance or state statute.

Nuncupative Will - unwritten oral will.

Default Judgment - is a judgment rendered because of the individual's failure to answer or appear.

Offeree – is the person to whom an offer is made.

Judge - elected or appointed public official with authority to hear and decide cases in a court of law.

Judgment - first disposition of a lawsuit.

Jurisdiction - court’s legal power to hear and resolve specific disputes. Jurisdiction is usually composed of personal jurisdiction over persons and subject matter jurisdiction over types of cases.

Notice of Lis Pendens - Notice to warn all persons that the title to certain property is in litigation, and that if they purchase or lease that property they are in danger of being bound by an adverse judgment.

There are a number of Maryland peace order and protective order cases that anyone facing a peace order charge should be aware of:

Juror Disqualified - Juror who is excused from a trial.

Judgment on the Pleadings – Judgment based on the pleadings alone. It is used when there is no dispute as to the facts of the case and one individual is entitled to a judgment as a matter of law. sed. A concurring opinion agrees with the decision of the court but offers different reasoning. A per curiam opinion is an unsigned opinion of the court.

Joinder – combines charges or defendants on the same complaint. When a criminal act is committed by two persons both may be charged on one complaint. Joinder also applies in legal cases, where parties and what is a peace order, claims may be joined in one complaint with the court.

Joint and Several Liability - is a legal doctrine that makes each of the parties who are responsible for an injury liable for all the damages awarded in a lawsuit if the other responsible parties cannot pay.

Jury Array - is the whole body of potential jurors summoned to court from which the jury will be selected. Also called Jury Panel.

Non-jury trial - Ais a case tried by the court.

No Probable Cause – is a finding that non sufficient.

Offer – is an expression of willingness to enter into a bargain that is definite and certain in its terms and that is communicated to the party called the offeree. Once accepted, the offer is transformed into a contractual obligation.

Jurat - is a certificate of officer or person who administered an oath.

Judgment and Sentence - The official document of a judge’s disposition of a case committing a defendant to jail.

Judicial Review - The authority of a court to correct the official actions of other branches of the government.

Nuisance –Unwarranted, unreasonable, or unlawful use of one’s property that annoys, disturbs, or inconveniences another in the use of his or her property.

Nunc Pro Tunc – A retroactive order.

A restraining order which can also be refered to as a protective order is a type of court order which that can protect someone from being physically or sexually threatened, abused, stalked, or harassed. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.” Frequently restraining orders include different other protected persons such as like family or household members of the protected person. What does a restraining order do?

In general restraining orders can include:

Personal conduct orders which are tyupoes of orders to stop specific acts against everyone named in the restraining order as the person to be protected protected person. Some of the things that the restrained person can be ordered to stop are:

Contacting, calling, or sending any messages

Stalking; Harassing;

Threatening;

Sexually assaulting;

Destroying personal property; Attacking, striking, or battering;

Disturbing the peace of the protected people.

Keep orders

These are the types of orders to keep the restrained person a certain distance away from the person to be protected

The protected person or persons;

Where the protected person lives; His or her vehicle;

His or her place of work;

His or her children’s schools or places of child care;

Other important places where he or she goes.

Residence exclusion orders

These are orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases.

For the person to be restrained, having a restraining order against him or her can have very serious consequences:

He or she will not be able to go to certain places or to do certain things.

It may affect his or her ability to see his or her children.

He or she might have to move out of his or her home.

He or she may generally not be able to own a gun andhe or she will have to turn in or sell any guns they have now and not be able to buy a gun while the restraining order is in forece. It may affect certain immigration status if he or she is trying to get a green card or a visa.

If the restrained person violates breaks the restraining order that person can be incarcerated, pay a fine, or both.

Irrevocable Trust - A trust that, once it is set up A grantor may not revoke.

Jury Polling - The procedure by which each individual juror is asked to affirm his or her verdict in open court at the conclusion of a trial. ent grounds exist to hold the suspect that was arrested.

The purpose of a protective order is to protect the well being, life, and from physical damages,of people who have been the victims of family violence. Battered spouses or emotionally abused spouses canmay apply for theese types of orders. Also the parents of abused children can apply for them.

Protective orders usually prohibit one family member from contacting, or getting near, one or more other family members. For instance, a protective order may prevent an abusing spouse from coming within 500 feet of the abused spouse, or within 500 feet of the children. If such a geographic restriction is included in a protective order, the protective order's circle of prohibition (the area where the person who is the subject of the Order cannot go) moves with the person (or people) protected. Thus, a spouse with a protective order can have a 500 foot circle around them that their spouse cannot enter, no matter where he/she goes.

Protective orders usually have additional terms, including a general order not to commit acts of family violence.

Protective orders are big deals – and create what is really a new criminal law that applies to one person, the subject of the order. Violations can subject a person to contempt of court, but, far more importantly, violations are a criminal offense. Indeed, a protective order will contain language addressed to law enforcement officials, telling them to take violating offenders into custody. Here in Texas, law enforcement officials can generally be counted on to do exactly that.

Both husbands and wives can apply for a protective order. More protective orders are issues against men than against women.

Because protective orders restrain people's liberty – by limiting where they can go, who they can call, who they can talk to, etc. - they are rare, and a person asking for them has to meet a high standard.

First, no one can get a protective order in Texas just on the belief, suspicion, or fear that family violence may occur. Rather, the person who is the to be object of a protective order must have already committed one or more acts of family violence and the person asking for a protective order must be able to prove it. However, the evidence that can prove family violence can be the victim's testimony, or the testimony of a witness.

The more evidence a party asking for a protective order has, the better chance of getting the protective order. Going to a doctor or hospital, after a prior assault, for instance, is good evidence that family violence has occurred. Similarly, a criminal arrest is helpful, but is not required.

The law recognizes that a person who has engaged in family violence in the past is more likely to do so again, as compared to a person who has never done so. But, the past is not a guarantee of future behavior. Therefore, a person asking for a protective order has to show past family violence, and show the court that family violence is likely to occur in the future.

The more evidence a party asking for a protective order has, the better chance of getting the protective order. Going to a doctor or hospital, after a prior assault, for instance, is good evidence that family violence has occurred. Similarly, a criminal arrest is helpful, but is not required.

You are not required to retain an attorney to attempt to apply for a protective order. On the other hand an attorney is a good choise because an attorney can associate the facts and circumstances in your case with higher court authorities that can be helpful.

An application for a protective order has a number of different complicated requirements and the degree of proof that is needed vearies from case to case. It is far better to have an attorney lawyer on your side to populate the rcourt request and to appear in ourt and argue for the protective order on your behalf, including cross examination of your adverssary. Your lawyer is also able to cross examine the any witnesses that may appear

Although the police often respond more quickly to persons in need of help it is not a requirement that the police be called prior to applying for a Maryland peace order or a Maryland protective order.

The reason the police respond more efficiency and effectively to protective order violations is that they are able to prevent violence.

Protective orders should be applied for in the County in which the applicant lives or can be in gthe the County in which the other party of the Order ;ivess.

Once a Court grants a protective order, the person who is the object of the Order must be served with it – a requirement that is on top of the requirement to serve them with a divorce lawsuit. Both protective orders and peace orders are available from the Maryland courts. Both restrict the liberty of the people they reach. However, protective orders are far more restrictive, and have far greater consequences in the event of a violation.

The person who is the object of a protective Order will then have an opportunity to argue that there is no justification for the Order. The Court will then decide whether to extend the Order, such as for the length of a divorce proceeding. Eventually, the Court will decide how long the protective order should last, or whether it should last. No protective order can last for more than two years.

While peace orders in Maryland are serious matters and are generally taken very seriously they are a type of order that is granted by the court.,

Peace orders are useful as they frequently stop people and because they lead to better police responses. No one should consider themselves completely safe because they succeeded in their efforts to get a Protective Order.

Protective orders are governed by the Statute of Domestic Violence . The Statute was created to raise awareness of domestic violence as a serious crime against the individual and society, and to provide more protection to victims of domestic violence by issuing court orders prohibiting abuse and prosecution abusers.

The information provided below is not intended to be taken as legal advice and is only intended to answer general questions on the Status of Maryland Domestic Violence and explain the role of the Board of the Circuit Court Domestic Relations in obtaining protection orders.

If you or someone you know is experiencing domestic violence we suggest that you seek legal advice. To be protected by law a victim of abuse should have a family or household relationship with the person he or she is abusing.

Under the statute of the following persons are considered family or household members:

related by blood or by current or past marriage parties;

parties who share or formerly shared a common dwelling that is not required of a romantic relationship

parties who have or allegedly have a child in common

parties who share or allegedly share a blood relationship through a child

the parties have or have had a dating or engagement relationship

a disabled person and his personal assistant or carer

parties who share or formerly shared a common dwelling that is not required of a romantic relationship

The following people may be included in the protective order that protected persons:

any minor child or dependent adult in petitioner's care;

persons employed at the residence

employees of a domestic violence program in which a protected person resides .

anyone living in the home of the applicant;

A petition for a peace order can be heard as its own separate procedure if no other case is pending. If you have another civil dissolution , marital / civil union affiliation, or child support case or criminal matters pending , generally the protection order shall be heard with your pending case.

If filing a protective order in connection with a pending civil case , then you should file in court where your case is pending pending . The State Prosecutor is responsible for filing. The names of people filing for a protection order is in connection with a criminal prosecution. Any independent protection order may be filed in any of the suburban palaces of justice.who file for peace or protective orders will be removed from and no longer included in online Maryland court records, a move that victims’ rights advocates support.

They say it will protect the privacy of petitioners who are often victims.

These are people who have already been victims of crime, and we should not revictimize them by exposing them to the public,” said Russell P. Butler, executive director of the Maryland Crime Victims' Resource Center.

The Maryland courts will be using several computer programs to remove parties' names from all online filings in certain maryoland peace order cases.

The reason is that there been a lot of victim's whose privacy and safety may have been subject to retaliation.

Many people ask how to get a peace order. The process starts with going to the court where peace orders are processed. A peace order petition is a very specialized proceeding as it has to conform to the Maryland peace order case law.

Summary Judgment - Judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. As with Judgment on

Helpful Legal Terms

Civil Procedure - The set of rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

Class Action - A lawsuit brought by one or more persons on behalf of a larger group.

Clear and Convincing Evidence - Standard of proof commonly used in civil lawsuits and in regulatory agency appeals. It governs the amount of proof that must be offered in order for the plaintiff to win the case. It imposes a greater burden than the preponderance of evidence standard, but less than the criminal standard beyond a reasonable doubt. maryland peace order attorney

Clemency - Act of mercy or grace by the president or governor of a state to ease the consequences of a criminal act, accusation, or conviction.

Closing Argument - The closing statement, by counsel, to the judge or jury after all parties have concluded their presentation of evidence.

Codicil - Supplement to a will.

Release - Discharge from custody.

U.S. trustee An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

Undersecured claim A debt secured by property that is worth less than the amount of the debt. maryland peace order lawyer

Trustee The representative of the bankruptcy estate who exercises statutory powers, principally for certain benefits of the unsecured creditors, under the general supervision of the court and the direct supervision of the U.S. trustee or bankruptcy administrator. The trustee is a private individual or corporation appointed in all chapter seven, chapter twelve, and chapter thirteen cases and some chapter 11 cases. The trustee's responsibilities include reviewing the debtor's petition and schedules and bringing actions against creditors or the debtor to recover property of the bankruptcy estate. In chapter 7, the trustee liquidates property of the estate, and makes distributions to creditors. Trustees in chapter 12 and 13 have similar duties to a chapter 7 trustee and the additional responsibilities of overseeing the debtor's plan, receiving payments from debtors, and disbursing plan payments to creditors.

Typing service A business not authorized to practice law that prepares bankruptcy petitions.

U.S. attorney A lawyer appointed by the President in each of the judicial district to prosecute and defend cases for the federal government. The U.S. Attorney employs a staff of Assistant U.S. Attorneys who appear as the government's attorneys in individual cases.

Unlawful detainer action A lawsuit brought by a landlord against a tenant to evict the tenant from rental property - usually for nonpayment of rent.

Removal - The transfer of a state case to federal court for trial.

Rendition - Transfer of a fugitive from the asylum state to the demanding state.

Replevin - A legal action for the recovery of a possession that has been wrongfully taken. committed.

Undue hardship The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: 1 the debtor cannot maintain - based on current income and expenses - a minimal standard of living if forced to repay the loans; 2 there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and 3 the debtor made good faith efforts to repay the loans.

Home confinement A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement what is a peace order may include the use of electronic monitoring equipment - a transmitter attached to the wrist or the ankle - to help ensure that the person stays at home as required.

Impeachment The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be It is also called the constitutional process whereby the House of Representatives may impeach accuse of misconduct high officers of the federal government, who are then tried by the Senate.

In camera Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.

Inculpatory evidence Evidence indicating that a defendant did commit the crime.

Indictment The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. See also information. Points or Point Information - Penalty points imposed by the Motor Vehicles Division after conviction of a traffic offense.

Prejudice - Unfair harm to one party.Objection to exemptions A trustee's or creditor's objection to the debtor's attempt to claim certain property as exempt from liquidation by the trustee to creditors.

Opinion A judge's written explanation of the decision of the court. Because a case may be heard by three or more judges in the court of appeals, the opinion in appellate decisions can take several forms. If all the judges completely agree on the result, one judge will write the opinion for all. If all the judges do not agree, the formal decision will be based upon the view of the majority, and one member of the majority will write the opinion. The judges who did not agree with the majority may write separately in dissenting or concurring opinions to present their views. A dissenting opinion disagrees with the majority opinion because of the reasoning and/or the principles of law the majority used to decide the case. A concurring opinion agrees with the decision of the majority opinion, but offers further comment or clarification or even an entirely different reason for reaching the same result. Only the majority opinion can serve as binding precedent in future cases. See also precedent.

Oral argument An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. P

Panel 1. In appellate cases, a group of judges usually three assigned to decide the case; 2. In the jury selection process, the group of potential jurors; 3. The list of attorneys who are both available and qualified to serve as court-appointed counsel for criminal defendants who cannot afford their own counsel.

Parole The release of a prison inmate - granted by the U.S. Parole Commission - after the inmate has completed part of his or her sentence in a federal prison. When the parolee is released to the community, he or she is placed under the supervision of a U.S.

probation officer. The Sentencing Reform Act of 1984 abolished parole in favor of a determinate sentencing system in which the sentence is set by sentencing guidelines. Now, without the option of parole, the term of imprisonment the court imposes is the actual time the person spends in prison.

Party in interest A party who has standing to be heard by the court in a matter to be decided in the bankruptcy case. The debtor, U.S. trustee or bankruptcy administrator, case trustee, and creditors are parties in interest for most matters. what is a peace order

Petition preparer A business not authorized to practice law that prepares bankruptcy petitions.

Per curiam Latin, meaning for the court. In appellate courts, often refers to an unsigned opinion.

Release On Own Recognizance - Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court.

Remand - To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling. maryland peace order lawyer

Remedy - Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.

Remittitur - The reduction by a judge of the damages awarded by a jury.

Temporary restraining order Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.

Testimony Evidence presented orally by witnesses during trials or before grand juries.

Toll See statute of limitations.

Tort A civil, not criminal, wrong. A negligent or intentional what is a peace order injury against a person or property, with the exception of breach of contract.

Transfer Any mode or means by which a debtor disposes of or parts with his/her property. maryland peace order attorney

Transcript A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition.

Co-Defendants - Several persons arrested and charged on the same criminal incident. maryland peace order lawyer

Comparative Negligence - A legal doctrine by which acts of the opposing parties in a tort case are compared to determine the liability of each individual, making each liable only for his her percentage of fault..

Compensatory Damages - Damages awarded to compensate the injured individual.maryland peace order attorney

Competency to Stand Trial - In order to be competent to stand trial, a person must have the capacity to understand the nature and object of the proceedings, to consult with counsel, and to assist in preparing his her defense. Due process prohibits the government from prosecuting a defendant who is not competent to stand trial.

Competent Witness - Every person is considered competent to be a witness.

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