Legal Question in Family Law in Maryland

Temporary Protective Order

My brother has been served with a temporary protective order filed by his wife. The document also shows she is asking for custody of their two children and child support which he is not planning to contest. He cannot afford a lawyer. Will he get arrested if he fails to attend the court hearing? Thank you.


Asked on 2/06/07, 10:06 pm

2 Answers from Attorneys

Ranji Garrett Law Office of Ranji M. Garrett

Re: Temporary Protective Order

A protective order proceeding is not a crimnal proceeding; rather, it is a civil one. So, assuming the protective order proceeding is the only one going on, he won't be arrested. (If the wife has also filed criminal charges, that is a different matter.) There can be serious consequences to the husband not appearing at the protective order hearing, however, not the least of which can be him being ordered to stay out of the family home and away from the wife for up to a year. He should probably find the means to consult with an attorney.

Read more
Answered on 2/06/07, 10:52 pm
Bill Wood Law Office of William C. Wood, LLC

Re: Temporary Protective Order

He will not be arrested for failure to appear at a Final Protective Order hearing. If she shows up, the court will most likely grant whatever she is asking for including temporary custody and emergency family maintenance (child support). If he cannot afford an attorney, it would still be best for him to appear if for no other reason than to present evidence of his current income. Otherwise, the judge may set an amount that he cannot afford to pay.

Read more
Answered on 2/07/07, 8:07 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland