Legal Question in Civil Litigation in Maryland

expunge domestic violence protective order

I was maliciously issued an ex parte. My attorney at the time advised me to just accept it, as it is only good for one year and I agreed to that in the initial hearing. However, he did not inform me that it would remain on my permanent record. After I was found Not Guilty on related criminal charges, I had my criminal record expunged. However, I found that I can't expunge the ex parte easily like i could with the criminal charges. Domestic violence looks terrible on one's record, is there a way to expunge an ex parte? Should I take sanctions against the attorney that didn't fully advise me of the long-term effects of the ex parte? What is a reasonable price for an attorney to attend an ex parte hearing?


Asked on 11/15/01, 2:36 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: expunge domestic violence protective order

First of all, you consented to a civil protection order, not an ex parte. The ex parte is what placed the matter before the court. You could have contested the order at the hearing if you didn't want it to go into effect, but apparently you decided the stay away wouldn't be a problem.

A civil protection order is not a criminal conviction and is therefore not subject to any expungement. However, because it's civil, it should not show up on any "record", nor do you have to answer affirmatively in, say, a job application, if asked about criminal convictions.

As for the attorney's fee, that varies from lawyer to lawyer, but often these proceedings take a half day of time, so a fee of $600-1000 wouldn't be unreasonable.

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Answered on 11/15/01, 3:37 pm


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