In Maryland, if you wish to appeal a protective order decision, the process depends on which court issued the original order:
Appealing a District Court Decision:
- Where to Appeal: File an appeal with the Circuit Court in the same county where the District Court made its decision.
- Type of Hearing: The Circuit Court will conduct a “de novo” hearing, meaning it will consider the case afresh, allowing both parties to present new evidence and arguments.
- Effect on Original Order: The District Court’s protective order remains in effect during the appeal process until the Circuit Court issues its judgment, unless the Circuit Court orders otherwise.
Appealing a Circuit Court Decision:
- Where to Appeal: File an appeal with the Appellate Court of Maryland (formerly known as the Court of Special Appeals).
- Type of Review: The Appellate Court reviews the case based on the existing record and determines if legal errors occurred in the Circuit Court’s decision.
Important Considerations:
- Time Frame: You must file your appeal within 30 days of the protective order’s issuance.
- Legal Guidance: Given the complexities of the appeals process, it’s advisable to consult with an attorney to navigate the legal requirements effectively.
For more detailed information, contact The Law Office of Caroline Norman Frost for a free consultation.