Inside District Court
The Protective Order Hearing is not a Shortcut to or Leverage for a Divorce
Te protective order is not designed to supplement nor
take the place of a proper divorce or custody proceeding. If the court comes to believe that the action is being brought by the petitioner as a way to circumvent or delay a divorce proceeding, or to influence custody issues, it is far less likely that the court will make a finding that a prohibited action occurred. Even if relief is granted under these circumstances, the relief given by the court may be significantly reduced. Many judges turn an especially critical eye toward protective order matters that are instituted while a divorce or custody matter is pending or in anticipation of the same. Courts may take a similar view when a significant impetus of the petitioner for filing a protective order appears to be use of a residence to the exclusion of the other party. Counsel should therefore be cognizant to place his or her main focus on the abuse that occurred. If the court makes a finding of abuse, the court will then turn its attention to issues of relief.
Conclusion Te court recognizes that these matters are highly
emotional for the parties involved and sometimes for the attorneys involved as well. Tere have been numerous occasions when a party wished to interject a comment or statement,
during the testimony of an opposing party or witness. While this action is obviously a breach of courtroom etiquette, more importantly this action reflects poorly on those persons making those comments. Most issues in protective order matters involve individuals failing to act reasonably. If a party acts unreasonably in court, the court may logically assume that the party will act even more unreasonably outside of court. Tis assumption would no doubt adversely affect the client. It is therefore very important that counsel prepare the client for court and take steps to modify the respondent’s behavior.
Biography Te Honorable Gregory Sampson is the Judge in
Charge of the Eastside Courthouse for Te District Court for Baltimore City.
He has served on the District Court
since March of 2009. Previously, Judge Sampson served as a Master in Chancery for Te Baltimore City Circuit Court, Juvenile Division from 1990 until 2009, and an Assistant Public Defender from 1985 until 1990. Judge Sampson is a 1982 graduate of Te College of William and Mary and a 1985 graduate of Te University of Maryland School of Law. Latoya Francis-Williams is currently serving as a judicial
law clerk to Judge Gregory Sampson. She is a 2011 graduate of the University of Baltimore School Of Law, and intends to open her own practice after her clerkship ends in August of 2012.
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