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Surprise Peace Orders

Discussion in 'Other Legal Issues' started by Charles butler, Jul 21, 2019.

  1. Charles butler

    Charles butler Law Topic Starter New Member

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    Jurisdiction:
    Maryland
    I’ve been served with 2 peace orders from two siblings whom I haven’t spoken to or seen in nearly 3 years(not even replying to texts or calls) The orders are full of inflammatory accusations, such as accusing me of violent acts and breaking into their home. I'm not sure where to start on building a defense, as I'm shocked that someone would so egregiously lie under oath, and spend money to do so. What sort of legal recourse do I have here? I feel as if they've been allowed to weaponise the legal system against me, depriving me of my liberty, as ive had to completely tear my home apart, as sheriffs deputies watched, to remove any and all firearms and ammunition.
     
  2. mightymoose

    mightymoose Moderator

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    I will assume this peace order is the equivalent of a restraining order. You must have been served some form of notice prior to it taking effect. Did you receive notice? Did you appear in court?
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Is there something going on between you and your siblings, like maybe an inheritance dispute?

    This certainly didn't come out of nowhere.
     
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  4. Charles butler

    Charles butler Law Topic Starter New Member

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    No inheritance dispute. My daughter was just born, and I refuse to allow contact between them and my children. Again, I emphasize, no contact whatsoever between us since 2016.
     
  5. Charles butler

    Charles butler Law Topic Starter New Member

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    I say they're surprises because they've really caught me off guard. They listed me in this forms as a hulking 6'2" man, and that I was heavily armed and dangerous. They really tried hard to have the police come to me prepared to shoot me. Once this is over, could I Sue for damages?
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Once what is over? Do you have a hearing coming up where you can seek to get the peace orders rescinded?

    You can sue for defamation and seek monetary damages. Whether you are successful of not is anybody's guess and count on paying a lawyer many thousands to do it.

    Unfortunately, peace orders are based on the alleged victim's fears and opinions (even if untrue) which are appropriate defenses to a defamation lawsuit.
     
  7. Charles butler

    Charles butler Law Topic Starter New Member

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    Since these are temporary, I have an opportunity to ensure they are temporary 7 days from the date of issue.
     
  8. mightymoose

    mightymoose Moderator

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    The initial temporary order is easy to get for just about any reason. In court the person requesting the order will have to convince s judge that it is necessary. If you have not been making any threats then there shouldn't be anything to worry about.

    I am surprised this included a search of your home and seizure of weapons.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    I suggest you study the statute:

    2018 Maryland Code :: Courts and Judicial Proceedings :: Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action :: Subtitle 15 - Peace Orders

    Note

    Better go in with some solid evidence that false information was provided by the petitioner, no just sayso.
     
    Last edited: Jul 21, 2019
  10. Charles butler

    Charles butler Law Topic Starter New Member

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    That's where I'm troubled. There's no specific events listed in the orders, basically just that I own firearms, and they even said im mentally ill. I'm of very sound mind, so this part is the most frustrating. How do I prove something so vague as false?
     
  11. mightymoose

    mightymoose Moderator

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    Is it illegal for you to possesses firearms? Have you threatened anyone with them?
    Have you ever been diagnosed with a mental illness or committed against your will?

    If the answers to these questions are no, and the other party has no evidence to support the claims, you have the beginnings of an argument of malicious intent and infringement of your rights.
     
  12. adjusterjack

    adjusterjack Super Moderator

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    Apparently you've been estranged from your siblings for several years. Any documentation of what went on before the estrangement?
     
  13. Charles butler

    Charles butler Law Topic Starter New Member

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    No documentation of what happened then, they just created so much turmoil for the family that myself and family cut off all contact. My second child was born this week, and this is pure revenge for that side of the family not having a part in our lives.
     
  14. Charles butler

    Charles butler Law Topic Starter New Member

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    I haven't threatened anyone, and I've never been diagnosed, or been committed at all.
     
  15. Charles butler

    Charles butler Law Topic Starter New Member

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    Update: both cases thrown out. Petitioners didn't appear.
     
  16. justblue

    justblue Active Member

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    Congrats! Thanks for the update!
     
  17. mightymoose

    mightymoose Moderator

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    You had weapons seized... What of them? Did you get an order for all property to be returned? You may have to jump through hoops and clear background checks to get them back. Keep track of any expenses.
     
  18. Charles butler

    Charles butler Law Topic Starter New Member

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    My collection is back in my hands. Unfortunately I cannot sue for tort, since my siblings filed domestic violence orders, they are shielded from being sued.
     
  19. mightymoose

    mightymoose Moderator

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    A temporary inconvenience.

    I am still quite surprised at the search of your home and seizure of the weapons.
     
  20. Charles butler

    Charles butler Law Topic Starter New Member

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    The sheriff's knew I owned firearms and since I was temporarily subject to a protective type order, I was then federally prohibited from own said firearms.
     

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