Preparing for the Final Protective Order Hearing

These are the questions that the Petitioner should consider while preparing for the final protective order hearing. Please review each one carefully. 

Topics on this page:

• When and where is the hearing?
• Do I need a lawyer?
• Have I gathered all my evidence?
• What do I want included in the Final Protective Order?
• Do I have a plan for visitation?

Domestic Violence: Protective Order Hearings from the Maryland Courts

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When and where is the hearing?

After the person from whom you are seeking protection (the Respondent) is served with the Temporary Protection Order, the court will schedule the Final Protective Order hearing. Stay in contact with the court so that you do not miss notification of your hearing date. If your address changes be sure to notify the court. Make sure you attend the final hearing. If you do not appear at the hearing, your Temporary Order will expire, and you will not receive a Final Protective Order. In preparation for the Final Protection Order hearing you should consider:

• Do you have transportation?
• Do you know where the Court is located?
• To avoid running into the Respondent/Respondent’s family or supporters in the parking lot or on the way into the courthouse, consider arriving early and bringing a friend or family member as support (or both).
   

Do I need a lawyer?

If you are considering having an attorney with you at the hearing, start looking for one today.

Do not wait until the day before the hearing. Contact the Domestic Violence Community Resources in your county for legal help and shelter (if needed).

Have I gathered all my evidence?

You must prove by a "preponderance of the evidence" that you need protection. Preponderance of the evidence means that the evidence you provide is more convincing and credible than the evidence from the other side. In other words, it shows that what you are alleging is more likely true than not. Evidence includes your testimony and any other proof you have of the alleged abuse. The rules of evidence can be complicated so it is good to familiarize yourself before the hearing. Learn more about evidence and proving a fact in court.

Unlike the interim or temporary protective order hearing(s), the Respondent will be present to testify on their own behalf. The Respondent may also call their own witnesses or present any evidence that they might have to defend themselves.

It is important, as the Petitioner, to ask yourself, “what makes me more believable?” When it is the Petitioner’s testimony against the Respondent’s testimony, it is the court’s job to judge credibility (i.e., decide who they believe is telling the truth). It is easier to meet the “preponderance of the evidence” standard with witness testimony and physical evidence, if possible.

Gather any evidence you think may help prove your case. This includes:

• Police reports;
• Hospital or doctor's records for any injuries;
• Photographs of injuries;
• Text messages or voicemail recordings from the Respondent;
• Torn or damaged clothing;
• Witnesses (affidavits are not enough) - if someone needs to be issued a summons to leave work to come to the hearing, contact the clerk's office or speak to your attorney; and
• Other documents to help the judge to decide the extent of the abuse and your need for support (e.g., financial statements, list of bills, pay stubs, medical information, criminal charges, etc.)

What do I want included in the Final Protective Order?

Think about what you want included in the final protective order. The court can order the other person to:

• stop abusing, threatening, or harassing you;
• have no contact with you;
• have limited contact with you (for example, the Respondent can only contact you related to your children. Or, they can only contact only by phone, or by email.) 
• stay away from your home, work, or school;
• leave your home (if you are married OR if your name is on the lease or deed).

The Final Protective order can also include provisions related to:

• use and possession of a jointly owned vehicle (your name must be on the title);
• counseling for domestic violence or substance abuse;
• a temporary child access or visitation schedule;
• emergency family maintenance or financial support. (You may qualify if you and the other person are married or if you have custody of children.)

Your order might also address temporary child custody, possession of a pet, safeguards at child-care providers, and possession of firearms.
 

Do I have a plan for visitation?

If you have children with the Respondent, it is helpful to have a visitation plan for your children ahead of time. Some consideration for your visitation plan are:

• Will the visitation be supervised or unsupervised? 
  • If you fear violence, you can ask for supervised visitation. You can also arrange a safe place to exchange the child(ren).
  • If supervised, by whom? (a relative, friend, or a visitation center)
  • If a relative or friend, you must provide name, address, telephone number, etc.
• How will visitation be coordinated?
  • Who will provide transportation to and from visits?
  • Where is the pick-up and drop off location? Do you need a safe, neutral location? Look into Monitored Exchange programs with your local family services coordinator.
  • What day(s) and times will visitation/exchange occur? See the Visitation Center hours if you are using a Center.
• How will you communicate about visitation?
  • Through a third person? Who?
  • By telephone, text, or email, if allowed by the protective order?
  • What kind of additional contact do you think is appropriate between the other parent and the child(ren)? 
    • Telephone contact? Who calls and when?
    • Events at the child(ren)'s school or sports?
    • Email? Or other types of "virtual visitation"

If you have other concerns, or conditions that you would like include in the visitation agreement (for example, no drinking while children are visiting, etc.), you should make sure there is language in the plan to address them.