In Maryland, restraining orders, also called protective orders, usually involve legal hearings. But can you get a restraining order without attending court? Yes, in some cases, you can get a restraining order without a formal hearing.
The emergency petition process
You can request an emergency protective order without attending a court hearing. This process works for urgent cases where you need immediate protection. If you feel in danger or fear for your safety, you can file an emergency petition. A judge will review your petition and, if they find the situation serious, will grant a protective order for temporary relief.
Remember, an emergency protective order lasts only for a short time. It typically lasts up to seven days. This gives you time to schedule a full hearing where both sides can present their arguments. The court will set this hearing after issuing the temporary order.
The role of a judge in the decision
Even without a formal hearing, a judge plays an essential role in the decision. They will review the facts you present in your petition and decide whether enough cause exists to grant the emergency order. The judge will examine any evidence, such as police reports, witness statements, or medical records.
What happens after the emergency order?
Once the emergency protective order is granted, you must understand that it’s only temporary. A full hearing must follow to determine whether a final protective order should be granted. In this hearing, both you and the person you seek protection from will present evidence and testimony.
The emergency order offers quick protection, but the full hearing gives you the opportunity to extend the protection if needed. If the court decides that a permanent protective order is necessary, it can last for up to one year.
In Maryland, you can get immediate protection in some situations, but follow-up hearings ensure fairness and due process for both sides when a restraining order is issued.