Will a Protective Order that is issued outside of Maryland be enforced in Maryland?
Protective orders can be enforced in Maryland even if they are issued outside of Maryland.
Pursuant to the full faith and credit clause Maryland courts and police have to enforce the order. You can also ask another state to enforce your Maryland protective order. That means that abuser (Respondant who has the protective order against them) must abide by terms and conditions of the order and could be arrested and/or charged with violating the order. They could also be charged with the grounds for violating as well, meaning any substantive crimes wherever the abuser violates a valid order.
Certain requirements must be met before an out-of-state protective order will be enforced in Maryland.
- The protective order must have been issued to prevent violent or threatening acts, harassing behavior, sexual violence. Or, the protective order must have been issued to prevent another person from coming near you or contacting you.
- The out-of-state court that issued the protective order must have had proper jurisdiction over each party at the time the protective order was issued.
- The abuser (respondent) must have received notice of the proctective order and must have been given the opportunity to be heard in court.
* If it is an ex parte temporary or emergency order, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires
If you are a party to an out-of-state protective order, either as the petitioner or the respondent, then you should speak with a protective order attorney. Call Caroline Norman Frost for a free consultation.