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- Abused Persons Program
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LEGAL OPTIONS FOR VICTIMS OF PARTNER ABUSE
  1. DOMESTIC VIOLENCE PETITION FOR PROTECTION, an emergency civil petition which should be filed as soon as possible after the abuse. Abuse is defined as an act that causes serious bodily harm, places another in danger of imminent serious bodily harm, assault, rape, or sexual assault, false imprisonment or abuse of a child.

      Eligibility Requirements:
    • Separated or divorced spouse; or
    • Married and living together at time of abuse; or
    • Unmarried with child in common; or
    • Related by blood, marriage or adoption; or
    • Living together as sexual partners in same home at least 90 days within the past year.
       
    Possible Relief:
    • Refrain from abuse or threats to abuse victim
    • Order abuser to vacate home (for eligible petitioners)
    • Order abuser to stay away from petitioner (residence, employment, schools, etc)
    • Restrain abuser from contacting petitioner or other family members
    • Award temporary custody of minor children to the petitioner
    • Award temporary visitation of minor children to the respondent
    • Award emergency family maintenance (EFM)
    • Award temporary use of a jointly-owned vehicle
    • Order counseling for one or both parties
    • Confiscation of weapons for the duration of the order
       
    Procedure:
    Petition can be filed at the following locations (addresses below):
    • Rockville District Court, Mon.-Fri. 9-4
    • Silver Spring District Court, Mon.-Fri. 9-4
    • Rockville Circuit Court, Mon.-Fri. 8:30-4
    • A judge will hear the petition on the day it is filed.
    • If granted, the Sheriff will interview the petitioner and serve the respondent with the temporary protective order.
    • The final protective order hearing is generally set one week later.
       
  2. DOMESTIC VIOLENCE PETITION FOR PEACE ORDER, a form of civil relief for individuals who are not eligible for a protective order (e.g. in some dating relationships) Anyone who has experienced and is likely to continue experiencing abuse, harassment, stalking, trespass or malicious destruction of property is eligible for this NO CONTACT order. The petition must be filed within 30 days of the act of abuse.

    Interim Protective Orders/Peace Orders (IPO) Interim Protective Orders can be filed after hours, weekends and holidays at the Commissioner's Offices (see below). A temporary protective/peace order hearing will be held two business days after the IPO is obtained. Petitioners may request any or all available relief for a maximum of 6 months for a Peace Order or for one year for the Protective Order. Protective Orders may be extended for an additional 6 months for good cause.

    Locations:

    Courts:
    Rockville District Court
    27 Courthouse Square
    Rockville, MD 20850.

    Victim Assistance provided Monday - Friday.9:00 am to 3: 00 pm
     301- 279 - 1500

    Silver Spring District Court
    8665 Georgia Ave.
    Silver Spring, MD 20910

     301-608-0660

    Rockville Circuit Court
    50 Maryland Ave.
    Rockville, MD 20850.

    Victim Assistance provided Monday - Friday 9:00 am -12:30 pm

    Commissioner's Offices:
    Rockville Central Processing Unit
    1307 Seven Locks Rd.
    Rockville, Maryland

     301.610.7217
     Weekdays: 4:30 p.m.-8:30 a.m.
     Weekends: Friday 4:30 p.m. - Mon. 8:30 a.m.
     When courts are closed and during holidays

    Silver Spring Police Station
    801 Sligo Avenue
    Silver Spring, Maryland

     301-588-5181
     Mon.-Wed. 4:30 p.m. - 11 p.m.
     Thursday 4:30 p.m. - Friday 8:30 a.m.
     Friday 4:30 p.m. - midnight Sunday
    Please note that times are subject to change.

    Germantown Police Station
    2000 Aircraft Drive
    Germantown, Maryland

     301.540.0963
     Mon.-Fri. 4:30 p.m. -11:00 p.m.
    Please note that times are subject to change.

  3. CRIMINAL CHARGES: Victims have the option of filing a criminal complaint when a crime against them has been committed. Acts such as threats to use force, stalking, sexual assault (including marital rape), threatening phone calls, trespassing, destruction of property, bodily harm constitute reason for filing a criminal complaint.

    Procedure:
     File statement of charges with the District Court Commissioner (see locations above)
    Note: In most cases filing criminal charges does not mean that the abuser will go to jail.

    Link for Legal Forms for domestic violence protective orders and other family law matters:

    Maryland People's Law Library
    http://www.peoples-law.info/Home/PublicWeb

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Last edited: 4/9/2008