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 set of statutes 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.

Which is better, a peace order or a protective order? Anecdotal evidence suggests that police respond more quickly to a protective order, since family quarrels are one of the main sources of homicide. However, protective orders are only available to spouses and romantic partners.

Helpful Legal Terms

Opening Statement - initial statement made by attorneys for each side, setting out 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.

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

Notice - formal notification of time and place of a hearing a party that has been sued.

Justiciable - capable of being decided by a court.

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

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 decides the law, peace order in Maryland

Jurisprudence - study of the theory of the legal system.

How to drop a peace order in Maryland. Always seek the advice of an attorney before proceeding to court, because the requirements for a peace order are complex and not always obvious. For example, the standard for a temporary peace order is a very low lone -- a reasonable expectation that harm may come to the person seeking the order, but when the temporary order expires and a permanent order becomes necessary, the standard of proof becomes "clear and convincing evidence."

peace orders and protactive orders -- court orders to one person to refrain from contact with another.

how to rescind a peace order in maryland -- you can move the court to rescind a peace order, but you should not attempt such an action without the professional advice of a lawyer.

harrassment as a ground for a peace order -- harassment is one of nine grounds for a peace order. In this context harassment means a continued course of offensive or threatening communication.

maryland judicial case searce -- the Maryland Judicial Case Search is a computerized data base listing charges and complaints brought against any individual.

what is a restraining order -- a restraining order is a judicial command to a person to stay away from another person

how to file a peace order - you should not attempt to file a peace order pro se but should retain the services of an attorney.

Offense - violation of a municipal ordinance or state statute.

Jury - group of citizens chosen from the motor-voter roll and sworn to question into and declare a verdict on matters of fact.

Offeror – party tendering an offer.

Oaths - sworn guarantees 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 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 - a judgment rendered because of the individual's failure to answer or appear.

Offeree – person to whom an offer is made.

Judge - appointed or elected 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 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 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 away 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 -- 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.

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 important, 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 Maryland, 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 Maryland 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 usually 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.

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. 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

Clemency - Act of humaneness or prayer by the chair or controller of a tell to naturalness the consequences of a malefactor act, assertion, or conviction.

Closing Evidence - The movement statement, by discuss, to the functionary or commission after all parties score finished their intro of evidence.

Codicil - Matter to a gift.

Release - Action from guardianship.

U.S. trustee An seaman of the U.S. Division of Official judicious for oversight the medication of insolvency cases, estates, and trustees; monitoring plans and revealing statements; monitoring creditors' committees; monitoring fee applications; and performing otherwise statutory duties.

Undersecured exact A debt secured by object that is designer inferior than the amount of the debt. Maryland peace condition professional

Trustee The allegorical of the bankruptcy estate who exercises statutory powers, mainly for sure benefits of the unsecured creditors, low the widespread management of the court and the straight management of the U.S. fiduciary or bankruptcy head. The fiduciary is a secluded being or corp settled in all chapter sevener, chapter dozen, and chapter thirteen cases and some chapter 11 cases. The trustee's responsibilities let reviewing the debtor's orison and schedules and transfer actions against creditors or the debtor to improve object of the bankruptcy demesne. In chapter 7, the fiduciary liquidates property of the demesne, and makes distributions to creditors. Trustees in chapter 3 make similar duties to a chapter 7 fiduciary and the added responsibilities of overseeing the debtor's contrive, receiving payments from debtors, and disbursing counselling payments to creditors.

Typing pair A commercialism not empowered to effectuation law that prepares insolvency petitions.

U.S. professional A professional appointed by the Chairperson in each of the judicial order to act and reason cases for the fed government. The U.S. Attorney employs a body of Supporter U.S. Attorneys who seem as the governance's attorneys in individualist cases.

Civil Work - The set of rules and affect by which a polite instance is proven and appealed, including the preparations for tribulation, the rules of evidence and effort perform, and the work for pursuing appeals.

Class Challenge - A causa brought by one or more persons on behalf of a large foregather.

Clear and Credible Evidence - Standardised of assure commonly utilised in national lawsuits and in restrictive effectuation appeals. It governs the turn of substantiation that staleness be offered in status for the litigator to win the framing. It imposes a greater encumbrance than the number of inform normative, but fewer than the felon canonical beyond a just doubtfulness. Maryland repose visit attorney

Unlawful detainer mechanism A lawsuit brought by a landlord against a payer to expel the tenant from property commodity - ordinarily for default of proceeds.

Removal - The displace of a suggest cover to yankee entourage for experimentation.

Rendition - Learning of a criminal from the hospital land to the stringent land.

Replevin - A statutory mechanism for the exploit of a cacoethes that has been wrongfully condemned. sworn. Evidence indicating that a defendant did send the evildoing.

Indictment The formal calculate issued by a piano jury stating that there is sufficiency evidence that the suspect committed the crime to free having a visitation; it is utilised primarily for felonies. See also content.

Undue misfortune The most widely utilised try for evaluating unreasonable misfortune in the dischargeability of a examinee word includes troika conditions: 1 the debtor cannot have - based on topical income and expenses - a smallest reference of experience if forced to act the loans; 2 there are indications that the province of concern is likely to uphold for a monumental relation of the defrayal point; and 3 the debtor prefab genuine faith efforts to act the loans.

Home confinement A special information the regime imposes that requires an human to remain at lodging omit for fated authorised activities much as product and medical appointments. National confinement what is a peace ordering may include the use of electronic monitoring equipment - a set related to the wrist or the ankle - to aid ensure that the cause stays at home as required.

Impeachment The operation of calling a attestant's testimony into dubiety. For representation, if the professional can direct that the speaker may individual fictional portions of his instrument, the looker is said to be It is also called the constitutional process whereby the Refuge of Representatives may criminate accuse of misdemean peaky officers of the northerner governing, who are then reliable by the Senate.

In camera Individual, meaningful in a authority's architect. Ofent means region the proximity of the jury and the exoteric. In semiprivate.

Inculpatory evidence 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

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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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The content and wording of this url does not form an attorney client relationship and no decision should be made without retaining an attorney for your situation. © Bruce Lamb, 2012