The Shielding of a Peace Order that was denied in the State of Maryland.
Q: I was respondent in a peace order hearing in the state of Maryland and the petition filed by the petitioner was denied by the court. I now want to shield the record of the peace order hearing, how do I shield a peace order hearing in Maryland?
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| Peace Orders in Maryland Shielding of Peace Order |
A: In 2010 the Maryland legislature enacted a law that allowed respondents to file a petition to request for shielding of a peace order hearing. The petition can only be filed if the original peace order was denied or dismissed at the interim, temporary, or final peace order stage of the proceedings. It goes on to state the respondent may file a written request to shield all court records relating to the proceedings. The request for shielding must be filed within three years after the dumb denial or dismissal of the petition. The Maryland Statute for shielding peace orders can be found in Courts and Judicial Proceedings, §3-1510 Shielding of Records.
If you need a Maryland Peace Order Attorney, contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410.288.2900. We are available 24/7.
Once the respondent files for the shielding of the peace order hearing the court shall schedule a hearing on the request. The Maryland Court will give notice to the petitioner of the original peace order in Maryland as well as the petitioner’s attorney.
The court will shield the original peace order hearing if the original petition was denied or dismissed at the interim, temporary, or the file peace or stage of the proceeding; the final peace order protective order is not been previously issued and proceeding between the petitioner and respondent; and to know the following are pending at the time of the hearing: an interim or temporary peace order protective order issued in a proceeding between the petitioner and respondent; or a criminal charge against respondent arising from alleged act described in the Maryland statutes.
If at the hearing the petitioner appears and objects the shielding of the peace order, the court may, for good cause cannot, deny the shielding. The court determine whether to shield the peace order and whether there is good cause to grant the request to shield the court records the court shall balance the privacy of the respondent and the potential danger of adverse consequences to respondent against the potential risk of future harm and danger to the petitioner in the community.
Even if the peace order is shielded it does not preclude the following people from accessing the shield record for legitimate reason. Those people that could still access to the Court record include: a law enforcement officer; an attorney who represents or is representing the petitioner or the respondent in a proceeding; a state's attorney or assistant state's attorney; an employee of a local Department of Social Services; or a victim services provider; in addition a person not listed above could file a subpoena or motion for access to the record to the shield records.
If the court orders that the peace order should be shielded each custodian of the court records must comply within 60 days at the entry of the order by the court in addition they must file with the respondent a notice that they've complied with the court order.
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