FL 4-509: Violation of Protective Order

Protective order violation cases are far too common in Maryland, and often result in a defendant being wrongfully charged. One of the reasons defendants are wrongfully charged is that the law punishes a wide range of conduct. In some cases, the conduct can be as minor as sending someone a birthday card or ordering them food from an online delivery app. The law prohibiting violations is located in the Domestic Violence Subtitle of the Spouses Title. Anyone charged will see FL 4-509 on their charging documents, with the FL indicating the law is part of the Family Law code. Those with out-of-state protective orders or injunctions would be charged under FL 4-508. These statutes prohibit a respondent from failing to comply with the relief granted in an interim protective order, temporary protective order or final protective order. Even if a respondent has an interim order and was not served he or she could be charged. Also, a respondent can still be charged with violating the order while the case is pending an appeal in the Circuit Court. These violations typically occur after an allegation of a breached no-contact provision, such as calling the alleged victim or showing up at their place of work or residence. The breach would have to be intentional, so unintended run-ins would not count as violations. Violation of a protective order can be direct (when the respondent contacts the petitioner) or indirect if the respondent asks another person to reach out. Either of these scenarios would constitute a violation.

A child’s mother obtains a protective order against the father and does not wish for the father to see the child anymore. Rather than file for emergency relief in the Circuit Court, the father goes to the mother’s home to talk about the child’s custody status. Police are called, and the father is arrested despite having a legitimate reason for wanting to speak to the mother. Other examples include a respondent who sends flowers to an ex who took out a protective order or even a simple text message.

The Maryland Courts and Judicial Proceedings, Subtitle 15 deals with peace orders, which are highly similar to protective orders. The main difference is that peace orders apply when the parties do not have a special relationship such as being married, sharing a child, living together or being in a romantic relationship. Peace orders last for 6 months compared to 1 year for protective orders, but under Maryland section 3-1508 the penalty for a peace order violation is the same as a protective order violation.

As with most domestic cases, the strongest defense to protective order violations is that the defendant did not commit the act, and that the accuser had a motive to lie, and therefore is not credible. A defendant can also argue that the State did not establish there was an active protective order at the time of the alleged incident and require the state to produce certified copies of said order.

The potential penalty for violating a protective order under the Family Law Code is 90 days in jail and a $1,000 fine. A second violation could carry up to 1 year in jail and a $2,500 fine. Upon conviction a defendant can be sentenced for the violation and the act that caused the violation if such act was a separate crime. For example, a respondent who violates a protective order by telephone misuse or harassment could have a 90-day jail sentence added to any sentence for the harassing behavior.

Maryland laws have consistently been modified to make it easier for alleged victims to have a person arrested. Under the Maryland Criminal Procedure code section 2-204, police officers are required to arrest a person that is suspected to have violated a protective order with or without a warrant. This means that a person can easily be arrested based on an accusation with no objective proof. Police officers have a tendency to err on the side of making an arrest even if the respondent has denied violating the order. If you feel like you are going to be charged with a violation of FL 4-509 contact a lawyer immediately. Retaining a lawyer could end of being the difference between being held in jail pending trial and being released by the District Court Commissioner. Benjamin has fought for the dismissal of dozens of protective order violations and has secured the release of hundreds of Maryland defendants at domestic violence bail reviews. He can also file to your matter shielded from the public record. Contact Benjamin today at 410-207-2598 for a free consultation about your case.