#TuesdayTips – Domestic Violence: Protective Order or Peace Order?

Unfortunately, it is likely that you or someone you know has been a victim of abuse which may or should have resulted in a Protective Order or Peace Order.   On this week’s #TuesdayTips article the attorneys at ERA Law Group, LLC want to explain the difference between Protective Orders and Peace Orders in order to help victims best protect themselves as quickly as possible.

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Unfortunately, it is likely that you or someone you know has been a victim of abuse which may or should have resulted in a Protective Order or Peace Order.   On this week’s #TuesdayTips article the attorneys at ERA Law Group, LLC want to explain the difference between Protective Orders and Peace Orders in order to help victims best protect themselves as quickly as possible.

A Protective Order is ordered by a judge and instructs the abuser to stop committing a specific act or set of acts against others.  To be eligible for a protective order you must have fall within one of the following relationship categories: (a) current or former spouse, (b) residing together in an intimate relationship for at least 90 days within the year of filing, (c) related by blood, marriage or adoption, (d) have a parent-child or stepparent-stepchild relationship and resided together for at least 90 days within the year of filing, (e) have a caretaker-vulnerable adult relationship, (f) be parents of a child together, and/or (g) have had a sexual relationship within a year of filing.

Unlike a Protective Order, a Peace Order is a form of protection for anyone who is experiencing some sort of problem with an individual such as a neighbor, stranger, etc.  When filing a Peace Order the relationship between the parties is not a factor.

What a Judge can and cannot order also varies based on the type of Order requested.  In both cases, a Judge can order the abuser to stop abusing you and to stay away.  In the case of a Peace Order, a Judge can also order counseling, mediation, and for the abuser to pay the court costs and filing fees.  Because a Protective Order involves more intimate relationships, a Judge can also impose more restrictions and make additional awards.  For example, a Protective Order can award temporary custody or visitation, emergency family maintenance (or, financial support) to be paid by the abuser, award possession of any pet, award use and possession of a jointly titled car, etc.  It can also order the abuser to stay out of the marital home, stay away from your child’s school, and to stay away from and not contact family members.

We’re here to help.  If you or someone you know is suffering from abuse and needs help, contact ERA Law Group, LLC today at (410) 919-1790.

#TuesdayTips – Filing for Guardianship

When a person is no longer able to appropriately care for themselves or manage their property, it is important to ensure that they are protected.  

Many people find themselves in a precarious situation when their spouse, parent, sibling, friend, etc. are no longer able to feed themselves regularly, pay their bills, see the doctor, and generally not take care of their person or finances.  When a person is no longer able to appropriately care for themselves or manage their property, it is important to ensure that they are protected.  When a person will not or cannot voluntarily seek assistance on their own, you may have to request the Court to intervene in order to ensure their safety.  On this week’s #TuesdayTips article, the attorneys at ERA Law Group, LLC want to discuss the process of filing for Guardianship.

When filing a Petition for Guardianship of the Person and/or Property, the Petitioner is seeking the Court to declare the alleged disabled person incompetent and therefore unable to care for themselves and/or manage their property/finances.  This would let the Petitioner, when appointed Guardian, to act on behalf of the alleged disabled person and make sure they are taken care of physically and financially.

The steps to file the Petition can be confusing as the Petition requires specific information and documents for filing.  For example:

  1. The Petition requires various information about the alleged disabled person, including but not limited to their finances, the purpose of the filing, the diagnosis, etc.
  2. The Petition requires time sensitive certificates related to the alleged disabled person’s disability from two medical providers.
  3. After filing, the Court will appoint the alleged disabled person an attorney to represent them in the proceeding. The attorney will meet and speak with the alleged disabled person and contact anyone else, including the Petitioner, that s/he feels is necessary.
  4. The Petitioners will also be required to notify certain people and facilities that would need to be made aware of the Petition.
  5. Finally, there will be a hearing to decide whether the findings are such that the Court will declare the person incompetent and appoint a Guardian, presumably the Petitioner.

In most cases this process is painless.  In the other cases the process can be litigious and emotionally challenging for the Petitioner, the family, and the alleged disabled person.  In either case, it would be in your best interests to speak with an attorney to make sure the Guardianship process is completed effectively and accurately.  In the event you oppose the Petition, it’s important to make sure your opportunity to object does not expire and your objections are appropriately identified.

The health, safety, and well-being of your friend or family member is of utmost importance.  Call the attorneys at ERA Law Group, LLC today to help navigate you through this process.