Legal Question in Family Law in Maryland
order for protection (OFP)
My wife filed OFP against me in 2003.I consented to it without admitting any guilt and vacated the house.the order expired six month later.After she moved to another state where she filed for divorce asking sole custody for our kids on basis of abuse.Is there difference betn OFP judge granted on evidence of abuse and an OFP consenting to it without any findings of abuse in MD? my lawyer at the time gave me the advice''without finding of abuse'' it won't have any impact in MD other than being homeless for six month! In MN where our divorce and custody proceeding is now pending, It seems everything hinge on 2003 OFP which I consented to it. In MN there is presumption of guilt even when there is no fundings of abuse.Is MD similar or different than MN? Plse help me for that issue.
1 Answer from Attorneys
Re: order for protection (OFP)
In MD, a consent order for protection is not dispositive of the ground of abuse in a divorce case. So if the divorce is pending, a consent order could be introduced but the judge is not bound to conclude that any abuse occurred because there was no finding of law on this, and by the terms this is not an admission of abuse. If you need representation in MD for the divorce, please contact us at [email protected]. Our web address is www.marylandfamilylawyers.com. Thank you.