Legal Question in Family Law in Maryland

Re: Protection Orders

This is probably being read by you too late to do you any good unless today's hearing was postponed, but the erratic pattern of your wife's behavior in filing and then rescinding her petitions would seem to cast doubt on the veracity of her accusations, which is something you should (have) brought to the attention of the judge. The law requires the petitioner (her) to bear the burden of proof in these cases, but judges are concerned about these well-publicized instances where they let someone off only to have that person come back and seriously injure the petitioner. So they think they have to "err on the side of caution". If she never called the police on you after this latest incident (presumably she's alleging threats, not an actual assault), or complained to anyone else, that also is something to be pointed out to the judge.

Re: Protection Orders

This is probably being read by you too late to do you any good unless today's hearing was postponed, but the erratic pattern of your wife's behavior in filing and then rescinding her petitions would seem to cast doubt on the veracity of her accusations, which is something you should (have) brought to the attention of the judge. The law requires the petitioner (her) to bear the burden of proof in these cases, but judges are concerned about these well-publicized instances where they let someone off only to have that person come back and seriously injure the petitioner. So they think they have to "err on the side of caution". If she never called the police on you after this latest incident (presumably she's alleging threats, not an actual assault), or complained to anyone else, that also is something to be pointed out to the judge.

Re: Protection Orders

This is probably being read by you too late to do you any good unless today's hearing was postponed, but the erratic pattern of your wife's behavior in filing and then rescinding her petitions would seem to cast doubt on the veracity of her accusations, which is something you should (have) brought to the attention of the judge. The law requires the petitioner (her) to bear the burden of proof in these cases, but judges are concerned about these well-publicized instances where they let someone off only to have that person come back and seriously injure the petitioner. So they think they have to "err on the side of caution". If she never called the police on you after this latest incident (presumably she's alleging threats, not an actual assault), or complained to anyone else, that also is something to be pointed out to the judge.

Protection Orders

I am willing to wager you did not have a lawyer representing you at the protective order hearing. As long as she feels she can get away with getting the Order, she will continue to do so, and make your life miserable.

Re: Protection Orders

Judges are not stupid and, if you show that she is abusing the process by filing false reports, it will undermine her credibility and ultimately may hurt her case for custody (as, if I were representing you, I would demand that she undergo a psychological evaluation by the court in any custody case). I have handled many similar cases and have even gotten the party barred from filing future P.O. actions without first going to a parent coordinator. This is unfortunately a tactic that some attorney urge to gain leverage in divorce/custody matters. You need to keep showing up and defending against these, but keeping good records and also making sure that you do not give her any valid reasons for filing. Also be aware, some women have been known to bruise themselves in order to "trump up" charges so beware. If you need further assistance, our firm does represent individuals in fighting P.O. actions as well as in divorce, custody matters. Please contact us for a consultation. Good luck!