Author: JGL Law

JGL partner Reza Golesorkhi has been voted for and recognized as the Best Divorce Attorney in the “Best of the City 2024” awards in DC Modern Luxury Magazine. Check it out here.

In Maryland, a protective order is an important legal tool that helps keep people safe from different kinds of abuse and harassment. It’s similar to a restraining order and tells someone to stop certain actions against another person. Whether you’re dealing with threats, harassment, assault, or other abusive behaviors, knowing how to get and use a protective order is essential for your safety.

Who Can Get a Protective Order?

To qualify for a protective order in Maryland, you must have a specific relationship with the person causing harm. This can include being married, divorced, or separated; related by marriage, blood, or adoption; living together in a sexual relationship; parents of a child together; victim of recent (within 6 months) sexual assault; or vulnerable adults. If your relationship doesn’t fit these categories, you might be eligible for a peace order instead, which covers disputes with neighbors, strangers, or non-intimate dating partners.

What Counts as Abuse?

Before a court will give you a protective order, you need to show that the other person has done something abusive. This could be assault, threats of harm, sexual offenses, stalking, false imprisonment, or sharing intimate photos or videos without your permission.

How to Apply for a Protective Order

To start the process, you must fill out a Petition for Protection from Domestic Violence and an Addendum-Description of Respondent form. You can get these forms at the courthouse or online. If revealing your address could put you in danger, you can ask to keep it private or use the Safe-At-Home program for extra protection.

Filing and Electronic Options

Maryland has made it easier to file a protective order. You can submit your forms electronically from approved places like domestic violence prevention programs or hospitals. Courts also hold hearings over video to make sure you can get help quickly, even outside of normal court hours.

What Happens Next?

Once you file, a hearing is set up quickly to review your situation. The court might issue temporary orders right away, like orders to stay away or leave a shared home. Temporary orders usually last about a week. After that, there’s a final hearing to decide if a longer-term protective order is needed.

Long-Term Protection and Changes

If a judge determines that abuse has occurred, they have the authority to issue a protective order valid for up to one year in Maryland. This order may include provisions such as instructing the abuser to cease abusive behavior and threats, stay away from you, your home, workplace, and your children’s schools, grant temporary custody of children and pets to you, provide financial support, surrender firearms, mandate participation in counseling programs, and impose any other measures necessary for your protection. Both you and the abuser will receive copies of the Protective Order at the hearing, ensuring you have legal documentation of the court’s directives to keep with you at all times.

Responding to a Protective Order

If you get served with a protective order, read it carefully and prepare for the hearing. This isn’t a criminal charge, but it’s serious. It’s a good idea to talk to a lawyer to understand what to do next.

Where to Get Help?

If you’re dealing with domestic violence or need more info about protective orders, there are places that can help. Organizations like the House of Ruth and the National Domestic Violence Hotline offer support and answers to your questions. You can also speak with an attorney in our office.

Following the Rules and Making Changes

Breaking a protective order can lead to criminal charges, like going to jail or paying fines. You can also ask the court to enforce the order if it’s broken. If you need changes to an order, you can ask the court to make them.

In Conclusion

Understanding how to get and use a protective order in Maryland means knowing your rights, the legal steps, and where to find help. By taking action, you can get the protection you need and stay safe in tough times. For more details or specific questions, please reach out to the attorneys at our firm, we are happy to help.

Protective orders are important tools to stop domestic violence and help victims find safety and peace. Knowing these steps lets you take charge and make a safer future for yourself.

In an article published on June 18, 2024 by Medical Economics, Brian Markovitz explains what the recent FTC rule banning noncompete agreements means for the future of the healthcare industry’s economy. The article details what the ban will do for competition and business growth, as well as the expected decrease in healthcare costs over the next decade. Markovitz also provides context for the ban, including the overwhelming support for the rule from healthcare employees and medical business entities.

Read the full article, “Why medical economics may change significantly if FTC noncompete ban is upheld,” in Medical Economics.

In this episode of JGL LAW FOR YOU, Senior Counsel Michal Shinnar and David Bulitt talk about the Americans with Disabilities Act. What it is, Who’s protected, What’s Covered, How it works, and more. 

The Federal Trade Commission (FTC) recently announced a rule that bans non-compete agreements. Non-compete agreements contractually restrict workers from joining or starting a competing business after leaving their employment. These agreements commonly designate how long and where these controls apply. These agreements are used by employers across all sectors of the workforce, the FTC estimates that 30 million workers in the United States are subject to one.

It is anticipated the ban will promote competition, leading to approximately 8,500 new businesses created annually and increasing individual employee earnings by an average of $524 per year.

There are numerous legal concerns with the FTC’s rule. The Supreme Court previously held the FTC does not have jurisdiction over non-profit entities unless they provide substantial economic benefit to their for-profit members. Yet, the FTC said non-profit or tax-exempt status is not dispositive of whether the entity is subject to the ban, which makes application of the ban confusing.

The FTC already faces legal challenges arguing that only Congress can make a rule with such a significant economic impact. The rule as it currently stands will nullify thousands of contracts and may be unconstitutional for exceeding the FTC’s statutorily permitted powers. Pending Supreme Court cases are considering restraining the implicit authority of federal agencies like the FTC, rendering predictions for the outcome of the rule difficult. Ultimately, the Court may strike down the FTC’s rule as an unconstitutional exercise of power. The rule becomes effective around August 20^th, 2024, but is expected to be delayed by legal battles.

The article was written by JGL principal Brian Markovitz and Deborah Jaffe, who is a law clerk at the firm.

In an article published on June 25, 2024 by Physician’s Weekly, Brian Markovitz and Deborah Jaffe explain what the recent FTC ban on noncompete agreements means for healthcare businesses. The article details what the ban will do for competition and business growth, as well as the expected decrease in healthcare costs over the next 10 years. Markovitz and Jaffe also provide context for the ban, including how many employees felt trapped and burned out in their current employment situation.

The article was written by JGL principal Brian Markovitz and Deborah Jaffe, who is a law clerk at firm.

Read the full article, “How Will the FTC Ban on Noncompete Agreements Affect the Healthcare Sector?” in Physician’s Weekly.

In this episode of JGL LAW FOR YOU, attorneys Renee Blocker, Lindsay Parvis, and David Bulitt discuss the ways that Personal Injury and Family Law collide with interesting examples. 

The US State Department and US Embassy in Hanoi sponsored a virtual program about public interest law for a Vietnamese delegation comprised of lawyers, judges and other officials.

JGL’s associate Virginia (Gia) Grimm joined by principal Veronica Nannis shared the basics of the False Claims Act work that JGL provides and tried to highlight topics and aspects of that law that would be most important to a country like Vietnam. They spoke for over an hour and answered audience questions. This delegation will travel to Washington DC in August, when Gia and Veronica hope to meet them personally.

Lindsay Parvis hosts a Lunch & Learn on Mental Health Privilege & Maryland Family Law on June 13th from 12:00-1:15pm via Zoom.

For Mental Health Professionals, Attorneys & Child Counsel Attorneys (especially Child Privilege Attorneys).

This is an informal educational program followed by discussion & shared learning. Continuing the discussion from the Mental Health Privilege blog series.

In an article published on June 5, 2024, by Washington Family Magazine, Erika Jacobsen White provides guidance about the Pregnant Workers Fairness Act (PWFA) for expecting and working mothers. The article details what the PWFA covers, including the process to determine reasonable accommodations for an employee and what conditions qualify for accommodations. White also explains what happens if an employee can’t perform essential job duties while pregnant as well as what happens if an employer refuses to make accommodations or retaliates.

Read the full article, “Pregnant? Your Employer Must Provide Accommodations,” in The Washington Family Magazine. This article also appeared in MetroKids Magazine, an affiliate of The Washington Family.

Mental Health Privilege & Maryland Divorce Blog Law Series – Part 9

FAQ 3 about Waiver of Mental Health Privilege & Maryland Divorce:
How does geography come into play?

This is a juicy question.  Why?  Because it’s not developed in our appellate case law.

Let’s start with what I mean by geography:  where the mental health provider is located.

This is easily an issue when:

• Either
  • A Maryland resident works in or lives near/on the border of DC, Northern VA, WVA, DE, or PATheir mental health provider is located outside of Maryland
  • The provider is not licensed in Maryland
• Or
  • An out of state litigant receives mental health services in their home state

Next, let’s look at what Maryland privilege statutes have to say:

• §9-109 applies to:
  • Psychologists licensed in Maryland
  • Psychiatrist who are licensed but does not say in Maryland
• §9-109.1 applies to:
  • Professional counselors certified, licensed or exempted from licensure under Maryland law
  • Psychiatric-mental health nursing specialists, who may or may not be licensed in Maryland
• §9-121 applies to:
  • Social workers licensed and certified in Maryland

So, where does that leave privilege?

I’m aware of no appellate case law or statute that tells us.  Which leaves logic (which may or may not apply in court).  Logic tells me that if the provider falls into the statutory categories with similar qualifications, then privilege should apply.

How to know?

• A written stipulation agreed to by all parties
• A motion in limine, which can be filed to affirm admissibility of evidence

Definitely a topic that requires thought & strategy, to avoid surprises at trial.

Mental Health Privilege & Maryland Divorce Blog Law Series – Part 8

FAQ 2 about Waiver of Mental Health Privilege & Maryland Divorce:
Is waiver forever?

No.  Davis v. Petito, 187 Md.App. 487 (2011), sheds some light:

• The court may not retroactively revoke privilege
• Privilege may be revoked from “now” and going forward
• Privilege waiver may end when the trial/case concludes, if not revoked before

Helped by In re BL³ (Md.App., No. 703, September Term 2017, Unreported (January 19, 2018);  predates Rule 1-104):

• A signed waiver for one purpose (such as releasing records to CPS) operates as a waiver in the litigation until revoked

Takeaways

• Revoke privilege at the latest when the trial is done / settlement is reached
• Put revocation in writing
• Share the revocation with current mental health providers, so they are aware