Domestic abuse -- Maryland law defines "abuse" as the occurrence of one or more of the following acts between family or household members:
- assault;
- an act that places a person in fear of imminent serious bodily harm;
- an act that causes serious bodily harm;
- rape or sexual offense;
- attempted rape or sexual offense;
- stalking;
- false imprisonment, physically keeping you from leaving your home or kidnapping you.
Ex-parte -- Latin for "from one side." In the case of protective orders, the judge makes his or her decision based only on the information the petitioner provides, without the respondent being in court. Often used for emergency or interim and temporary protective orders.
Interim protective orders -- Issued if the court is closed by going to the nearest District Court commissioner and if petitioner is in immediate danger. The interim order lasts until a judge holds a temporary protective order hearing.
Filer -- The person requesting the court's help. Also known as the petitioner.
Final protective orders -- A final protective order can be issued only after a full court hearing, where both people tell their sides of the story to a judge.
Marital privilege -- Also known as spousal privilege, allows a married victim of domestic violence to refuse to testify at a criminal trial against his or her spouse. May only be used once.
Protective order -- An order made by a civil court to protect a person from physical pain or injury or threat of physical pain or injury.
Rescinded -- A protective order can be rescinded, or withdrawn, by the filer.
Respondent -- The person against whom a petition is filed. In a domestic violence case this is the legal term used to refer to the person who is alleged to be the abuser.
Temporary (ex-parte) protective orders -- When filing for a final protective order, a request can be made for a temporary order. This can be done without a full court hearing and without the respondent present.
|
