Legal Question in Family Law in Maryland
How can you get a protective order rescinded or modified if the time frame for appeal has passed if you are the respondent and you have proof that the petitioner lied?
Also if there is an existing custody and access order in place thru the circuit court does a distinct court judge have jurisdiction to modify custody or access.
Please include any case law or supporting info if possible. Thank you.
1 Answer from Attorneys
If you failed to file a timely appeal about all you can do is file a motion for reconsideration with the court that instituted the order. You would have to show that the "new evidence" was unavailable to you at the time of the original hearing. As to your second question, a protective order can certainly supersede a previously entered custody/access order, since it is designed to protect a victim from actual or potential violence that occurred after the earlier order was put in place. But the protective order has an expiration date, at which time the original order would resume.
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