SHIELDING PROTECTIVE

ORDER RECORDS

Shielding Protective Order Records in Maryland

Can I get a protection order “erased” from my record?  Why would I need to do that?

You may be able to get the Final Protective Order (FPO) shielded. It simply depends on the circumstances.

The Court may shield the FPO, if the FPO was denied or dismissed OR you consented to the entry of the protective order. In that case you may file a request with the Court to have all related records be shielded from public inspection. Similarly, if the Petition was dismissed at the Petitioner’s request at any stage of the process – interim, temporary, or final, you are eligible to request that the records be shielded.

If you did not consent to the entry of the FPO and the Judge entered a Final Protective Order, making a finding that you committed an act of abuse, you are not eligible to have the records shielded – which could have a negative impact upon future employment and relationships.

If your request to shield is filed less than three (3) years after the denial/dismissal of the protective order, you will need to file a general waiver and release of all tort claims related to the protective order proceeding.  It is required by statute that the Court hold a hearing to determine if the records should be shielded and shall give notice to both parties. This is a one page fill-in-the-blank document that you can get from the Clerk’s Office or on-line. The family law attorneys at MLO/Mulinazzi Law Office have extensive experience working on domestic violence cases and we can assist you to shield the FPO as a stand alone case or as part of your divorce case.

Contact MLO the current and 4-time Best Family Law Office in Howard County, Baltimore Magazine.

What does the Court consider when making the decision to shield or not shield a FPO?

The Court may shield all records related to the proceeding if the Court finds:

  1. The Petition for Protection was denied or dismissed at the interim, temporary, or final stage.
  2. There has not been a Final Protective Order or Peace Order issued against the Respondent in case involving the same parties.
  3. The Respondent has not been found guilty of a crime arising from abuse against the Petitioner.
  4. That no interim or temporary protective orders or peace orders are currently pending against the Respondent in a case involving the same parties.
  5. That no criminal charges are pending against the Respondent arising from the alleged abuse against the Petitioner (victim).
  6. Does the victim object and on what grounds?
  7. What are the privacy concerns involved versus what is the potential danger of future harm?

It is very important how to draft your Motion to Shield the Protective Order to address the factors above and other equitable factors.

What does it mean to “consent” to a Protective Order?

It is your right to consent to a FPO. The Petitioner cannot stop you from doing it and if you do it there will not be hearing at all.  In evaluating whether to consent to or contest a protective order filed against you, it is important to keep in mind that if you consent to a protective order there is no finding of abuse against you.  By consenting, you are not admitting any of the allegations and there will not be a hearing and no evidence of alleged abuse will be provided. But if you consent to a FPO you are agreeing to what was requested so you cannot contact the Petitioner, you must stay away from their residence any other specified locations. Although consenting to the entry of the protective order delays when a shielding can be requested, it ensures that the option to shield the FPO is still available to you later in time.  Once the Judge has made a finding of abuse against you, you will not be able to have the records shielded from public record. It is strongly advised that you consult one of the Maryland Super Lawyers at MLO/Mulinazzi Law Office about the advantages and disadvantages of consenting to a FPO – in certain situations it can be a great option 

Can the Court Rescind a Protective Order?

This is rare but it can happen.  The attorneys at MLO/Mulinazzi Law Office have experience doing this and experience in defending against this.  We knew that the Judges are looking for and how to present the relevant evidence and information to the Court. Call 410-290-6270 to find out how we can assist you with in these situations.

The Court may rescind a Final Protective Order during the protective period (usually one year). To do this one party must file a written request, send notice to all parties, and then the Court is required to hold a hearing. The Court will want to ensure that the victim is not being forced, threatened, or coerced into asking for the FPO to be rescinded.  Likewise, the Judge will want to know that the victim feels safe and that they realize that removing the FPO removes the stay away provisions and removes the Court’s ability to enforce protection.  A Judge is not required to rescind the protective order and will deny the request if they have continued concerns about the safety of the Petitioner.  It is helpful to present evidence to the Court that the Respondent no longer presents a danger to the Petitioner, such as: successful completion of an abuser intervention program, alcohol/substance abuse treatment, and/or mental health treatment. It also helps immensely if the Respondent demonstrates regret and remorse.

Rescinding a FPO is difficult but getting it removed from the public record can remove a lot of obstacles to future employment and social or professional relationships.  There are a lot of factors for the Court to consider and MLO’s Super Lawyer Attorneys can help you make your best case to the Court.

Mr. Mulinazzi did an outstanding job with my child custody case. I would highly recommend him.

A Child Custody client Child Custody

I was very pleased and impressed with the way Mr. Mulinazzi and his office efficiently handled our case. Because of him, I was able to win the custody battle and now I have sole and physical custody of my son. I am a male and it's very hard to try and gain custody of one's child, but with his assistance, he truly made my dream a realization! I live in Florida and my case was opened in Baltimore, which made this case even more challenging. I was able to communicate with him via emails, texts, fax and phone, and in return, I saved alot of money on travel expenses because I only had to fly out for the court hearing. He really cares about his clients and it shows through his dillegence.

Wesley, a Child Custody client Child Custody

Thomas has the ability to keep one focused on the issues @ hand. I've learned in a very short time that if he's not "excited" about something,then neither should the client be. He is straight forward,which is what one needs during this difficult process. His associates are just as professional & caring as he.I feel extremely blessed to have Thomas Mulinazzi as my attorney,because not only am I confident he will go above & beyond,but also able to "handle" all my emotional outbursts;which unfortunately come with this process.

A Divorce client Divorce Attorney

I found Thomas Mulinazzi to be extremely professional and well informed on divorce law. He is empathetic and fair minded. Thomas explains options timely and thoroughly. He is an excellent advocate and I found him to be succinct in his communication.

EW, a Divorce client Divorce Attorney

Mr. Mulinazzi is very knowledgeable, professional, & personable. He always kept me informed of everything that was going on in my case. Anytime I had a question or concern, he responded to it right away. He presented the evidence & facts in my case very effectively & we were successful in winning my divorce case. I'm very grateful that I had him to represent me.

Ashley, a Divorce client Divorce Attorney

Mr Mulinazzi is currently handling a divorce and custody case for me. He has been an excellent attorney since the beginning of my case and I am confident that he will continue to work in the best interset of me and my children.

Ericka, a Divorce client Divorce Attorney

After having less than stellar experiences with other attorneys, Thomas Mulinazzi provided the most professional and honest representation. He is extremely knowledgeable and provides you the guidance to make you comfortable throughout the entire process. Thomas was my consultant for a Child Support reduction case and it went extremely well.

B.J., a Child Support client Child Custody

Mr. Mulinazzi helped us in defending against two custody suits (both from Dad) While no lawsuit is ever enjoyable, working with Mr Mulinazzi was. He worked diligently to our cause, and was always prompt, accurate and worked to minimize our expenses. His knowledge of law, the 'system' and likely responses were amazingly accurate.

Daryl, a Child Custody client Child Custody

As a fellow attorney, I have had the opportunity to oppose Thomas in a few cases. I have found him to be very pleasant to deal with, while he fiercely advocates for his client. I would highly recommend himto any potential clients, and look forward to working with him on future cases.

Diana, a Family client Family Lawyer

Mr. Mulinazzi was instrumental in keeping my rights open for me to see my child. He could see that convincing me to do something that I thought I did not want to do (supporvised visits) would help me so very much later on. Mr. Mulinazzi has done a great job for me and he still does. He knows the law and he has the logic to make the right things happen for his clients. He has helped me with my choices and continues to assist and advise when he thinks other choices are better for me. Thank you so very much. I will stay with him as long as needed.

Gene, a Child Custody client Child Custody

I was a client of Thomas E. Mulinazzi within the last year. I think that he is very highly knowledgeable , professional and trustworthy. He kept me informed every step of the way during my custody and child support cases earlier this year. He remain extremely professional during the most difficult phrase of my case. He even kept me sane when I was going insane. As a result of his performance, I have recommended him to several of my co-workers and friends who is going throught the same situation.

Rachel, a Child Custody client Child Custody

Thomas is a very caring, responsible attorney. He was always very responsive to my needs as a client and offered valuable insight and suggestions as we went through the divorce process. If you are thinking about divorce, make sure you get an attorney who will LISTEN and CARE about YOU! Thomas is an advocate of his clients in every way. I highly recommend him and am grateful for all he did for me during a very difficult, highly emotional time of my life.

A Divorce client Divorce Attorney

I have worked with Thomas several times over the past 4 years. He has advised me on a support and custody agreement and helped me understand and create the best possible parenting solution. I have appreciated his honesty and willingness to get this accomplished for my family.

Heather, a Child Support client Child Custody

Thomas did the almost impossible for me. As a Father in Maryland, a state lacking true family laws, Thomas got me full custody of my son. I fought hard for almost 3 years with another law firm before firing them and hiring Thomas. Within 6 months I had full custody of my son. Everyone told me I was living a pipe dream thinking I was going to get full custody, but Thomas. His legal expertise, knowledge of the law, and dedication to my case was unmatched by any in my opinion. Thomas cared that my son was in a bad situation, and as a family man himself, worked tirelessly to get him out of it and into my new wife and I's loving arms. Thomas has been our family attorney for almost 4 years now and will continue to be for my lifetime. He checks in on how my family is periodically, as he truly cares about family. All of this seems like it would cost an arm and a leg, however, Thomas' prices are extremely reasonable and a lot less then what I expected to pay for such great service. I have recommended him to friends and colleagues who have also utilized his services with great satisfaction. I cannot say enough great things about Thomas as a lawyer and person to do justice for the man. He will always hold a special place in my family as the man who brought us together.

Brian, a Family client Family Lawyer

Mr. Mulinazzi is up- front and to the point. Don't ever mis-lead him though and make sure you tell him all the facts that you know. He represented my family and brought it all together. I keep in touch with Mr. Mulinazzi.

Joe D, a Divorce client Divorce Attorney

Unfortunately I met a lot of crooked lawyers during my divorce. Thomas Mulinazzi was not only honest, he did more than he was asked to do often way beyond normal hours. His kindness and understanding helped me and my 2 sons get through a mess. Also, my ex-wife lied to a judge saying that I beat her and was a danger to my children. Mr. Mulinazzi came up with a great idea that showed she was lying....otherwise I would not be able to be with my kids.

David, a Divorce client Divorce Attorney

Mr. Mulinazzi has a wealth of knowledge about family law. He has been understanding and explains everything every step of the way during the process of obtaining my divorce. I highly recommend him to anyone who is in need of his services.

Abigail, a Divorce client Divorce Attorney

Thomas is an excellent attorney. His subject matter expertise is an investment I'd recommend to anyone looking for an intelligent and skilled family lawyer. His direct knowledge the system, the opposition, and the judges is a valuable resource to those who would otherwise find themselves facing a number of unknowns. He is able to quickly identify with the client's situation, develop a plan, and act on it accordingly. He is confident, direct, and ultimately provides the guidance needed to make the best decisions. It also doesn't hurt that he wins.

Chad Family Lawyer

I hold Mr. Mulinazzi, and his legal services in the highest regard. I would recommend him to anyone in need of legal assistance! Hiring him to represent me during my divorce case was one of the best decisions I've made. He was the ultimate professional during the process, easy to work with, and helped me achieve all the results I was hoping for!

Martin Divorce Attorney

Thomas is an Awesome Attorney full of Integrity at the highest & best level. When I became faced with an unfair & challenging situation, Thomas provided comfort with his quick actions, clarity of the processes involved and visions of the future; the Whole picture. Thomas Mulinazzi and his firm are one of a kind.

Jeanette Divorce Attorney

Thomas is a thorough, highly skilled attorney. He has helped me successfully navigate through a very difficult divorce and custody case.

Lizette Family Lawyer

Thomas handled my divorce 2 years ago. I can't say enough about him. He was professional, accessible and knowledgable. He guided me through a very difficult period of my life. He was very patient in answering my many questions and he always provided several alternatives. He carefully presented the pros and cons of each issue, always encouraging me to make the decision.

Stephen Divorce Attorney

From the 1st time I met Thomas Mulinazzi (2010) until my most recent contact with Thomas (11/2014) I can honestly say I have developed a relationship for life. This law firm is knowledgeable, trustworthy, responsive and goes the extra mile to present every aspect of a case, leaving no stone unturned. Keep in mind communication is a two way street and by keeping each other informed you can move mountains. Thank you to the entire staff!!!!!

Allan Family Lawyer

You are the only one I know who can make opening a bill of this size a pleasurable experience. Thanks for the kind words and taking care of my family!

Client Family Lawyer

Thomas Mulinazzi has provided the best legal representation for our family in multiple matters, particularly family law. He has always had our child's best interests at the forefront of his legal course; he is knowledgeable, efficient, affordable and an excellent attorney overall.

Chad & Patricia Family Lawyer

I am in the middle of an extremely high conflict divorce in Howard County. Thomas has been with me every step of the way always ensuring that I am well informed and advised. I can not think of another attorney you would want to guide you though what is one of the most difficult times in a persons life. There are so many laws and details that I was oblivious to but with Thomas's excellent communication, years of experience and responsiveness you can rest assure that you are in great hands. He and his office go above and beyond the call of duty. Thomas truly enjoys getting to know his clients and helping to make a difference in their life for the better. My case is still ongoing but I can say without a doubt I highly recommend him. He is always on time for appointments, very direct and doesn't waste time he gets right to the point, he is exceptionally skilled when working with cases that involve family violence. His staff is wonderful and outstanding. Bottom line Thomas is an exquisite attorney.

Audrey Divorce Attorney

Thomas is one of the best lawyers I have ever dealt with. He is truthful in all things. When you go to court you will know what you have going for you and what's going against you. He does not make promises he cannot keep. If you want an honest lawyer that definitely knows what he's doing then he's your guy. We knew exactly what to expect so there were no surprises. Thankfully due to his hard work our outcome was favorable and my daughter retained custody.

Client Child Custody

Thomas was appointed by the court to represent my daughter in my child custody case. I was nervous given the fact that I had no say in who was going to represent my child but I believe the court did a good job in selecting the right attorney for my daughter. It is hard for any parent knowing that another adult other than your child's parents is going to speak for them. Thomas has been very straightforward, honest and professional. He has proven to me that he does have my daughter's best interest at heart.

Client Child Custody

Thomas is an excellent attorney. His subject matter expertise is an investment I'd recommend to anyone looking for an intelligent and skilled family lawyer. His direct knowledge the system, the opposition, and the judges is a valuable resource to those who would otherwise find themselves facing a number of unknowns. He is able to quickly identify with the client's situation, develop a plan, and act on it accordingly. He is confident, direct, and ultimately provides the guidance needed to make the best decisions. It also doesn't hurt that he wins.

Client Family Lawyer

Thomas was very helpful and patient with me. He made me feel at ease while handling my case. He got me the property that I deserved and some. I am very satisfied with the outcome of my case and the amazing service that him and his team provided. He continues to provide great service when I need it. I can always depend on him to get the job done!

Rolanda Divorce Attorney

I had an extremely difficult custody/child support case with my son's father. We both had contempt orders against each other, CPS was involved, court ordered a BIA(best interest attorney) for my son based on the history of our situation. I was blessed to find Thomas Mulinazzi to represent my case and he managed to keep us out of court, we settled outside of court. The contempt petitions were dropped and much stress relieved from that. I couldn't have had any better settlement than what he came up with. He managed to work with my ex's attorney so effectively which worked in my favor on my son's behalf. Everything we needed he managed to get the other side to agree to and settle the case. I was also being paid the wrong amount of child support from my previous custody/child support case. I obviously got taken for a fool there. When I first met Thomas he realized that right away and managed to also get my child support increased to what it was originally supposed to be. I was being paid $400 less than I should have been. He and the BIA worked together to make sure my son was taken care of and well supported in ways that I would never have been able to on my own. The Mulinazzi family office staff was so compassionate and efficient during all of the challenges that came up i.e. paperwork, emails, phone calls, etc. Thomas was very attentive to mine and my son's needs. He was so prompt with email responses and calls. He's very intelligent (he know's the Law) very well so the other side was no match for him he’s also very thorough. He was so helpful through all of the stress and challenges that came with this case. The staff even offered to pick me up to get to their office when my car broke down. I can't imagine any other attorney's office willing to help that way. I wouldn't have ever gotten through this case so well without Thomas and his staff. **Even though this case was settled he still makes himself available to assist me when I need him**. He and his staff are truly the best family law attorneys anyone could ever have!

My divorce was the most stressful period in my life so far. However, working with Mr. Thomas Mulinazzi was probably the best part of it. He is truly an outstanding legal mind. First, he calmly listened to my story in details and then devised a clear roadmap to achieve my goals. Second, he anticipated possible reactions from the other side and then planned and executed accordingly. That helped a lot to close the case quickly. Third, he promptly and diligently replied and answered all my questions and emails. Fourth, his billings were clear and reasonable. Fifth, his calm demeanor and clear guidance were very assuring to me. In the end, he also gave me some advice on how to get back to normal life after such an ordeal. I am glad that I worked with him.

Cheryl Child Custody

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10015 Old Columbia Rd,
Ste B215 Columbia,
MD 21046

(410) 290-6271