Alexandria, VA asked in Appeals / Appellate Law, Criminal Law and Domestic Violence for Maryland

Q: Can I appeal at protective order

My lawyer was not prepared for my hearing and convinced me to concede but I don't think I should have

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: You will need a lawyer to research whether you can in this situation. Ordinarily a district court protective order may be appealed to the circuit court and is heard “de novo”, meaning you get a complete do-over. However, there is a general legal doctrine that holds that a litigant may not appeal an order they consented to. You’ll have to carefully review the specific statute your protective order was issued under (peace order or domestic violence order) and see whether there is anything there that addresses the issue. If the order was entered originally in circuit court, an appeal is probably not an option. You can file a motion to vacate the consent order and try to withdraw your consent; however, that also has limitations.

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