Legal Question in Family Law in Maryland

civil protection order violation????

I am writing for a friend who has a civil protection order

against him by his wife ( based on false charges ) ... my

question is this: He has been able to film some video of

her committing adultery... he filmed this video from across

the street from the property they jointly own that he is

barred from entering. He wants to use the video to file for

divorce but is concerned he has violated the order. He has

not called her, harrassed her, or set foot on the property.

Is taking a video of her from 150 feet away going to get him

in hot water if he presents this video. THANKS


Asked on 5/21/03, 7:02 pm

3 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: civil protection order violation????

I'd have to read the language of the Order to give you a precise answer, but if all it does is bar him from entering the premises or having communication with her, or otherwise harrassing her, he's probably not in violation (I'm assuming she's unaware of the video).

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Answered on 5/22/03, 3:34 pm
Carolyn Press Chung & Press. P.C.

Re: civil protection order violation????

Most often the protective orders require that the person subject to the order "have no contact with" the other party, that he or she not harrass the other party, not enter the home or go to the place of employment, not call on the telephone. Without seeing the specific order I would suspect that there is no ban on being across the street, unless the purpose of being there is to harrass, intimidate, or stalk. Clearly your friend's purpose was something else. If she was aware that he was there and felt frightened, she could have called the police and perhaps had him arrested. If she has taken no action or registered any complaint, she most likely was unaware of his presence. Most likely, unless there is some very unusual language in the order preventing your friend from photographing from across the street, he was not in violation of the order.

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Answered on 5/22/03, 4:54 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: civil protection order violation????

If you would like to know how to handle this matter give me a call. Several facts need to be discussed as well as a strategy. G. Joseph Holthaus III (410) 799-9002, (410) 619-5918.

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Answered on 5/22/03, 9:20 pm


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