Emergency Protection Orders in California, Maryland — What to Expect

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Understanding the process of obtaining an Emergency Protection Order (EPO) can be vital for those seeking immediate safety from domestic violence in California, Maryland. This guide will walk you through what an EPO does, who qualifies, and what to expect throughout the filing process.

What this order generally does

An Emergency Protection Order is designed to provide immediate protection for individuals facing threats of domestic violence. It can restrict the abuser from contacting, coming near, or harassing the victim. The order may also grant temporary custody of children and can include provisions for support or use of shared property.

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Who may qualify

Common steps in the filing process in Maryland

The process for filing an EPO in Maryland typically involves several key steps:

Visit your local court or a designated office to obtain the necessary forms.
Complete the forms with details about the incidents of abuse.
File the forms with the court clerk, where you may also provide a sworn statement.
Attend a hearing, if scheduled, where a judge will review your case.
If granted, the EPO will be issued and served to the abuser.

What to bring

When preparing to file for an EPO, it’s helpful to gather the following items:

Identification (e.g., driver's license, state ID)
Any evidence of the abuse (photos, texts, emails)
Witness information, if applicable
Details about the threats or incidents, including dates and times
Information about shared children, if relevant

What happens after filing

After filing for an EPO, a temporary order may be issued immediately. This order typically lasts until a full court hearing can be scheduled, often within a few days. At the hearing, both parties can present their evidence, and the judge will make a determination regarding the continuation of the order.

What if the order is violated

If the EPO is violated, it is crucial to take immediate action. You may contact local law enforcement and report the violation. The abuser may face criminal charges, and you can seek further legal remedies to ensure your safety.

Frequently Asked Questions

1. How long does an Emergency Protection Order last?
An EPO typically lasts for a short period, often until the next court hearing where a judge can review the case.

2. Can I get an EPO if I do not live with the abuser?
Yes, you can qualify for an EPO as long as you have a relationship with the abuser, regardless of living arrangements.

3. What if I change my mind after filing?
If you decide not to pursue the order, you can inform the court, but it is advised to proceed with caution due to safety concerns.

4. Is there a fee to file for an EPO?
Generally, there is no fee for filing an EPO in Maryland.

5. Can I get help with filling out the forms?
Yes, local domestic violence organizations can provide assistance with the paperwork.

If you want local help, you can privately browse lawyers, therapists, shelters, and hotlines near you at DV.Support.