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
3 Answers from Attorneys
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).
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.
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.