A Guide for Parents and Families Understanding the Court Process Because their whole world is in your hands Circuit Court for Charles County, Maryland TABLE OF CONTENTS Introduction 3 How the Court Staff Can Help 4 Family Law and General Civil Practice Clinics 5 Family Legal Hotline and Legal Forms Hotline 6 Charles County Public Law Library 7 How to File Domestic Relations Matters 8-17 Request for Waiver of Prepayment of Filing Fee 8 Application for Support Enforcement Services 9 Complaint for Limited Divorce 10 Complaint for Absolute Divorce 11 Complaint for Custody 12 Complaint for Visitation 13 Answer to Complaint/Petition/Motion 14 Petition for Contempt (Failure to Pay) 15 Petition for Contempt (Denial of Visitation) 16 Request for Enforcement of a Foreign Child Custody Determination 17 Request for Registration of a Foreign Child Custody Determination 17 Quick View of Forms Website 18 Cost Schedule 19 Options for Service 20 Filing a Complaint Timeline 21 Peace Order vs. Protective Order 22 Domestic Violence 23-24 Representing Yourself in a Family Law Case 25-27 Community Resources 28-32 Definitions 33-3 My Case Information 36 Names, Addresses & Phone Numbers 37 Appointments 38 Notes 39-40 2 INTRODUCTION The Circuit Court for Charles County, Maryland is fully committed to serving families in a respectful and courteous manner. The court works to assist with amicable resolution of disputes through mediation referrals and settlement conferences. The court conducts hearings when issues cannot be agreed upon. Court staff cannot provide legal advice. Therefore, the hope is that the information in this booklet will assist families in making decisions about their individual situations through explaining various court procedures. While the court does its best to make sure that your case proceeds smoothly, we strongly encourage you to consult with an attorney to assist you with your case. 3 HOW THE COURT STAFF CAN HELP WELCOME TO CHARLES COUNTY CIRCUIT COURT This is an overview of what court staff can and cannot do for you. We Can... We Cannot... We can direct you to a self-help center where you can receive assistance in representing yourself. We can provide you with the number of a local lawyer referral service, legal services program or other service where you can get legal help. We can give you information about law libraries and online resources. We can explain and answer questions about how the court works. We cannot tell you whether or not you should bring your case to court. We cannot tell you what words to use in your papers. We can, however, check your papers for completeness before you file them. We cannot tell you what to say in court. We cannot give you an opinion about what will happen if you bring your case to court. We cannot talk to the judge for you. We can give you general information about court rules, procedures, and practices. We cannot let you talk to the judge outside of court. We can provide you with available court forms and instructions. We cannot change an order signed by a judge. We can provide court schedules and information on how to get a case scheduled. We cannot give you information about a judge’s decision until the judge makes that decision public. We can provide you information from your case file. We can answer some basic questions about court deadlines and how they are determined. We cannot give you information that we would be unable or unwilling to provide the other side in your case. We cannot interpret court documents or tell you what you “should” do. We can provide additional assistance in some circumstances to aid you if you have special needs. Since court staff may not know the answers to all questions about court rules, procedures, and practices, and because we do not want to give you incorrect information, we will not answer questions if we do not know the correct answer. For additional information, please contact the Charles County Public Law Library at 301-932-3322. Check the Maryland Judiciary website at www.mdcourts.gov for additional information on the courts and for forms and instructions. See the People’s Law Library at www.peoples-law.com for more information on a range of Maryland law topics and for information on obtaining a lawyer or mediator. 4 FREE LEGAL ADVICE Sponsored by the Charles County Bar Association THE FAMILY & GENERAL CIVIL LAW CLINICS ARE LOCATED AT: Charles County Circuit Court 200 Charles Street | La Plata, MD 20646 (In the Multi-Purpose Conference Room – Main Hallway of First Floor) When: Every Tuesday & the st 1 and 3rd Wednesday of each month Time: 9:00am to 12:00pm FIRST COME, FIRST SERVED Free legal advice on family law matters such as: Divorce; Custody; Visitation; Child Support; Domestic Violence; Adoption; and Paternity. When: The 1st and 3rd Wednesday of each month Time: 9:00am to 12:00pm FIRST COME, FIRST SERVED Free legal advice on general civil matters such as: Landlord/Tenant; Home Owners Association; Wills and Estates; and Administrative Agency Appeals 5 Family Law Hotline Sponsored by the Women’s Law Center of Maryland 1-800-845-8550 Hours of Operation: Monday through Friday 9:30am-4:30pm How the Hotline Can Help: The Family Law Hotline will answer general questions about family law issues. Callers often inquire about matters involving: separation; divorce; marital property; child custody and visitation; child support; guardianship; alimony; name change; cohabitation; paternity; and domestic violence. Legal Forms Hotline Sponsored by the Women’s Law Center of Maryland 1-800-818-9888 Hours of Operation: Every Tuesday from 9:30am-1:00pm & The 1st Thursday of each month from 5:00pm-7:30pm How the Hotline Can Help: All calls are answered by experienced attorneys who practice family law in the state of Maryland. Anyone filing domestic relations forms in a Maryland Circuit Court may call the hotline for assistance. Forms are available at the Clerk’s Office of the Circuit Court or online at: www.mdcourts.gov/family/forms.html 6 Charles County Public Law Library Located at the Circuit Court for Charles County, Maryland 200 Charles Street | La Plata, MD 20646 Open to the Public Monday – Friday 8:00am to 4:30pm Speak with the Law Librarian 301-932-3322 The Charles County Public Law Library Provides: Public Computers; WiFi; Westlaw, Lexis Advance, and SASI-Calc; and a Scanner, Printer and Copier In addition, the library offers skilled legal research assistance; access to thousands of sample forms; books and legal practice materials; as well as a comprehensive collection of Maryland legal materials. Multipurpose Room Information Desk Lobby Courtroom D Elevator DOWN TO LIBRARY 7 STEPS ON HOW TO FILE DOMESTIC RELATIONS MATTERS Request for Waiver of Prepayment of Filing Fee Form Number: CC-DC-089 Purpose: A fee is associated with filing/opening a new case or reopening a closed case in the Circuit Court. One may request a fee waiver when an individual is experiencing financial hardships. Where to find the form: Go to www.mdcourts.gov. Navigate to the Circuit Court tab. Click on Forms. Select Family Law Forms and click on Domestic Relations. Under Financial Forms, click on Request for Waiver of Prepaid Costs, CC-DC-089. You may also obtain these forms from the Circuit Court Civil Clerk’s Office. How to file: Answer all questions honestly, and complete the entire two (2) page form. You must disclose detailed information regarding your current expenses, employment income, bank account information, and intangible/tangible personal properties. You must also provide income information about your spouse, if applicable. Once completed, file the fee waiver along with your completed Complaint (Divorce, Custody, Visitation or Support). You can mail the correspondence to: Charles County Circuit Court, Civil Office, P.O. Box 970, La Plata, MD 20646 OR hand-deliver it to the Circuit Court Courthouse, Second Floor, Civil Office. After you file: The fee waiver request will be forwarded to a circuit court judge to review. If the judge grants your request, then the civil clerk will process your Complaint. A Writ of Summons (to be served upon the other person) will be issued and mailed to you. Options for service can be found on Page 18. If the judge denies the fee waiver in its entirety or in part, you will receive an Order communicating the judge’s decision. In this case, you will need to mail [or bring in] money to satisfy the filing fee (credit/debit cards are not accepted) within one (1) year from the date you filed the fee waiver and Complaint or within the time stated on the Order (see Page 17 for cost schedule). After a year or the time period stated on the Order has passed and the filing fee has not been paid, your case will be dismissed. 8 Application for Support Enforcement Services Form Numbers: 980A and 980 Purpose: To ensure the financial and medical stability for the child(ren). To Find the Forms: Go to www.dhr.state.md.us. Click on Child Support Enforcement, then select Applications. Review the information provided. You may apply online (recommended) or apply by mail by completing Forms 980 and 980A. If applying by mail, be sure to complete both forms and include any additional documents requested. Submitting your application online includes a $1.50 service/convenience fee. You may also obtain these forms from the Department of Social Services (DSS)/Child Support Enforcement Agency (CSEA) at the address provided below. How to file: Once you have completed Forms 980 and 980A, either mail OR hand-deliver the forms, along with a $25.00 payment fee, to: The Department of Social Services 200 Kent Avenue, La Plata, MD 20646 DSS only accepts a cashier’s check from a bank, money order or cash (must be exact amount). Money order or cashier’s check may be made payable to: Child Support Enforcement Agency. After you file: The CSEA will need to verify the address you provided for the other person. The CSEA will then send the case to the State’s Attorney’s Office (SAO) for review. The SAO then sends the case to the Civil/ Support Clerk’s Office to be opened and to set a court date. Who to Contact: For further information regarding filing for Child Support, contact: The Department of Social Services Child Support Enforcement Administration 200 Kent Avenue La Plata, MD 20646 1-800-332-6347 or visit www.dhr.state.md.us/charles.html Please be patient when calling the Child Support Enforcement Agency. You will be directed to leave a message. The Child Support Enforcement Agency is allowed ten (10) business days to respond to your inquiry. 9 Complaint for Limited Divorce Form Number: DOM REL 21 Purpose: If you and your spouse are separated, you may be eligible to file for a Limited Divorce. This process can address issues of child support, visitation, custody, alimony, use and possession of family property, and more. A Limited Divorce does NOT end the marriage, but it settles certain issues while the parties are separated. Once the time of separation has concluded, you may file a Complaint for Absolute Divorce in the same case as the Limited Divorce, thereby saving you money and avoiding the confusion of having two open cases. The difference between Limited Divorce and Absolute Divorce can involve complicated legal issues. You are strongly advised to seek the advice of an attorney. Where to find the form: Go to www.mdcourts.gov. Under Courts, navigate to the Circuit Court tab and click on Forms. Select Family Law Forms and click on Domestic Relations. Under Divorce Forms, click on CCDR21. For further details and instructions, click on CCDRIN21. These forms may also be obtained from the Circuit Court Civil Clerk’s Office. You must also complete a financial statement and file it with your Complaint. How to file: Fill out the Complaint for Limited Divorce completely. You can either mail the Complaint and filing fee (see Page 17 for cost schedule) to: Charles County Circuit Court, Civil Office, P.O. Box 970, La Plata, MD 20646 OR hand-deliver it to the Circuit Court Courthouse, Second Floor, Civil Office. If you hand-deliver the Complaint, you may pay the filing fee by check, money order, or cash. Credit/debit cards are not accepted. After you file: Once you file the Complaint for Limited Divorce, you must decide how you want the Defendant to be served. Options for service can be found on Page 18. Service must be made on your spouse, who will then be required to file an Answer within a specific period of time (See Page 19 - Filing a Complaint Timeline). Once the Answer is filed, a court date will be set, and you will receive notice by mail to appear on that date and time. 10 Complaint for Absolute Divorce Form Number: DOM REL 20 Purpose: The process by which a marriage is legally terminated. Once granted by the magistrate/judge the parties are legally permitted to remarry. Where to find the form: Go to www.mdcourts.gov. Under Courts, navigate to the Circuit Court tab and click on Forms. Select Family Law Forms and click on Domestic Relations. Under Divorce Forms, click on CCDR20. Select CCDRIN20 for further instruction. These forms may also be obtained from the Circuit Court Civil Clerk’s Office. How to file: Completely fill out the Complaint for Absolute Divorce. You can either mail the Complaint to: Charles County Circuit Court, Civil Office, P.O. Box 970, La Plata, MD 20646 OR hand-deliver it to the Circuit Court Courthouse, Second Floor, Civil Office. Make sure to enclose the filing fee (see Page 17 for cost schedule). If you hand-deliver the Complaint, you may pay the filing fee by check, money order or cash. Credit/debit cards are not accepted. You must also complete a financial statement and file it with your Complaint. After you file: Once you file the Complaint for Absolute Divorce, service must be made on your spouse. Options for service can be found on Page 18. They will be required to file an Answer within a specific period of time (See Page 19 - Filing a Complaint Timeline). Once the Answer is filed, a court date will be set and you will receive notice by mail to appear on that date and time. You will need a corroborating witness, even if the case is uncontested. This person must know you have lived in Maryland for one year before filing your Complaint, know that you were married, know the circumstances of your separation, and have personal knowledge based on what the witness has seen or heard. 11 Complaint for Custody Form Number: DOM REL 4 Purpose: To determine the arrangements regarding with whom the child(ren) will live (physical custody) and how important decisions about the child(ren) will be made (legal custody). The court takes into consideration the child’s physical needs, emotional wellness, and adjustments between the child and his/her home, school and community environments, while factoring in the quality of relationships between child(ren) and parents. Where to find the form: Go to www.mdcourts.gov. Under Courts, navigate to the Circuit Court tab and click on Forms. Select Family Law Forms and click on Domestic Relations. Under Child Support, Custody, and Visitation Forms, click on DR4. Select DRIN4 for further instruction. These forms may also be obtained from the Circuit Court Civil Clerk’s Office. How to file: Completely out the Complaint for Custody. You can either mail the Complaint and filing fee (see Page 17 for cost schedule) to: Charles County Circuit Court, Civil Office, P.O. Box 970, La Plata, MD 20646 OR hand-deliver it to the Circuit Court Courthouse, Second Floor, Civil Office. If you hand-deliver the Complaint, you may pay the filing fee by check, money order, or cash. Credit/debit cards are not accepted. After you file: Once you file the Complaint for Custody, you will need to decide how you want the other parent served. Service must be made on the other party. Options for service can be found on Page 18. The other party must file an Answer within a specific period of time (see Page 19 - Filing a Complaint Timeline). Once an Answer is filed, a court date will be set and you will receive notice by mail to appear on that date and time. 12 Complaint for Visitation Form Number: DOM REL 5 Purpose: To maintain or establish a parent/child relationship and other family attachments, and to reduce the sense of loss or abandonment which children may experience when their parents are living apart. The court has to consider factors such as the needs of the individual child, geographical distance between parent and child, school or work schedules, etc. Where to find the form: Go to www.mdcourts.gov. Under the Circuit Court tab, click on Forms. Under the Circuit Court heading, click on Family Law Forms and select Domestic Relations. Under Child Support, Custody and Visitation Forms, click on CCDR5. Select DRIN5 for further instruction. These forms may also be obtained from the Circuit Court Civil Clerk’s Office. How to file: Completely fill out the Complaint for Visitation. You can either mail the Complaint and filing fee (see Page 17 for cost schedule) to: Charles County Circuit Court, Civil Office, P.O. Box 970, La Plata, MD 20646 OR hand-deliver it to the Circuit Court Courthouse, Second Floor, Civil Office. If you hand-deliver the Complaint, you may pay the filing fee by check, money order, or cash. Credit/debit cards are not accepted. After you file: Once you file the Complaint for Visitation, you will need to decide how you want the other party served. Service must be made on the other party. Options for service can be found on Page 18. He/she must file an Answer within a specific period of time (See Page 19 - Filing a Complaint Timeline). Once an Answer is filed, a court date will be set and you will receive notice by mail to appear on that date and time. 13 Answer to Complaint/Petition/Motion Form Number: DOM REL 50 Purpose: When a person is served with a Complaint/Petition/Motion, he/she must respond in writing to the court. A copy must be mailed to the other party. An Answer either admits, denies, or states there is not enough information to respond to the allegations. Where to find the form: Go to www.mdcourts.gov. Under the Circuit Court tab, click on Forms. Under the Circuit Court heading, click on Family Law Forms and select Domestic Relations. Under Other Forms, click on DR50. Select DRIN50 for further instruction. These forms may also be obtained from the Circuit Court Civil Clerk’s Office. How to file: Completely fill out the Answer to Complaint/Petition/Motion and mark the appropriate boxes which are specific to you. You can either mail the Answer to: Charles County Circuit Court, Civil Office, P.O. Box 970, La Plata, MD 20646 OR hand-deliver it to the Circuit Court Courthouse, Second Floor, Civil Office. You must complete the Certificate of Service on Page 3 of the form and you must also mail a copy to the party and his/her attorney. No filing fee is required. After you file: Once the Answer is filed, a court date will be set and you will receive notice by mail to appear on that date and time. 14 Petition for Contempt: Failure to Pay Form Number: DOM REL 2 Purpose: You may file a Petition for Contempt for child support, alimony, medical bills, and/or other court ordered payments if you do not receive the court-ordered amount. Where to find the form: Go to www.mdcourts.gov. Under the Circuit Court tab, click on Forms. Under the Circuit Court heading, click on Family Law Forms and select Domestic Relations. Under Child Support, Custody and Visitation Forms, click on DR2. Select DRIN2 for further instruction. These forms may also be obtained from the Circuit Court Civil Clerk’s Office. How to file: Completely fill out the Petition for Contempt. You can either mail the Petition to: Charles County Circuit Court, Civil Office, P.O. Box 970, La Plata, MD 20646 OR hand-deliver it to the Circuit Court Courthouse, Second Floor, Civil Office. To reopen your case a fee may be required (see Page 17 for cost schedule). After you file: A Show Cause Order is issued which will act as a hearing notice and court order. You are responsible for ensuring service of the Show Cause Order and Petition. Options for service can be found on Page 18. 15 Petition for Contempt: Denial of Visitation Form Number: DOM REL 3 Purpose: You may file a Petition for Contempt: Denial of Visitation if the other party refuses to allow court-ordered parenting time. Where to find the form: Go to www.mdcourts.gov. Under the Circuit Court tab, click on Forms. Under the Circuit Court heading, click on Family Law Forms. Click on the Forms Index typed in green colored font (image on Page 17). Under Child Support, Custody and Visitation Forms, click on DR3. Select DRIN3 for further instruction. These forms may also be obtained from the Circuit Court Civil Clerk’s Office. How to file: Completely fill out the Petition for Contempt: Denial of Visitation. You can either mail the Petition to: Charles County Circuit Court, Civil Office, P.O. Box 970, La Plata, MD 20646 OR hand-deliver it to the Circuit Court Courthouse, Second Floor, Civil Office. To reopen your case a fee may be required (see Page 17 for cost schedule). After you file: A Show Cause Order is issued which will act as a hearing notice and court order. You are responsible for ensuring service of the Show Cause Order and Petition. Options for service can be found on Page 18. 16 Request for Enforcement of a Foreign Child Custody Determination Form Number: DOM REL 78 AND Request for Registration of a Foreign Child Custody Determination Form Number: DOM REL 79 These forms are available on-line and in the Civil Clerk’s Office. The purpose of these forms is to enforce or register a child custody case from another state or country. For assistance regarding Foreign Child Custody Determination, the Family Law Clinic is available to the public (details on Page 4). 17 QUICK VIEW OF FORMS WEBSITE www.mdcourts.gov, under Circuit Court tab, click on Forms, then follow next steps. Click on Family Law Forms Select Forms based on Case Type 18 COST SCHEDULE FILING FEES To File a New Case: $165.00 Motion to Modify (per filing), alimony, custody, support, or visitation: $31.00 Petition/Motion for Contempt: $31.00 To File a Request for Enforcement/Registration of a Foreign (non-Maryland) Child Custody Determination: $110.00 Removal from Circuit Court to another Circuit Court: $60.00 SERVICE For a Charles County Sheriff Deputy to Serve Legal Papers: $40.00 The $40.00 MUST be either a money order or cashier’s check from a bank. The Sheriff’s Office does not accept personal checks or cash. Make money order or cashiers check payable to: Charles County Sheriff’s Office. XEROX COPY Copy of docket or legal documents: 0.50¢ per page Certification (Gold Seal): $5.00 plus 0.50¢ for copying per page APPEAL To the Court of Special Appeals Clerk, Circuit Court: $60.00 Clerk, Court of Special Appeals: $61.00 (One check to Clerk of Circuit Court for $121.00) BAD CHECK $10.00 plus associated bank fees or penalties: $10.00 or higher FEES ARE SUBJECT TO CHANGE Please verify costs with the Civil Clerk’s Office at (301) 932-3201 Option #4 for civil and divorce Option #5 for child support, custody, and visitation 19 OPTIONS FOR SERVICE Once you have filed your Complaint/Petition, the Writ of Summons or a Show Cause Order will be returned to you. A person other than yourself, 18 years-of-age or older, and NOT a party to the case must serve the other party. Private Process - The server will hand-deliver the legal papers to the opposite party. The server must then fill out the Affidavit of Service which must be filed with the Civil Clerk’s Office. Keep a copy for your records. Certified Mail - The server will mail the legal papers to the opposite party via return receipt, restricted delivery which can be done through the United States Postal Service. Delivery MUST be restricted specifically to the opposing party. The server must then fill out the Affidavit of Service and attach the Domestic Return Receipt (green card), which must then be filed with the Civil Clerk’s Office. Keep a copy for your records. Sheriff (In the State of Maryland only) - The sheriff charges $40.00 for service of legal papers. Payment MUST be either a money order or cashier’s check made payable to: Charles County Sheriff’s Office. The Sheriff’s Office does not accept personal checks or cash. You may attach payment when filing your court papers or hand-deliver it to the Sheriff’s Office. For more details regarding Charles County Sheriff Service contact 301-932-3063. Out-of-State - For out-of-state sheriff’s service, contact the county in the state where the opposite party resides for fees and procedures. You may also hire a private process server in another state. 20 TIMELINE OF FILING A COMPLAINT MD Rule 2-113 Complaint Filed Writ of Summons Issued Summons must be served within 60 days. (See Page 18 for service options) Defendant shall file an Answer within 30 days if the defendant lives in the State of Maryland. Defendant shall file an Answer within 60 days if the defendant lives out of the State of Maryland. MD Rule 2-321 Defendant to file Answer Defendant shall file an Answer within 90 days if the defendant lives out of the United States. 21 PEACE ORDER vs. PROTECTIVE ORDER How do I know whether to file a peace order or a protective order? Peace and protective orders are civil orders issued by a judge to prevent one person from committing certain acts against others. The personal relationship between the “Respondent” (person alleged to commit the prohibited act) and the Victim (person to be protected) determines which kind of petition would be filed. Protective orders generally apply to people in domestic relationships. Peace orders apply to other relationships (dating, neighbors, co-workers, acquaintances, strangers). You cannot qualify for both; you must choose the one for which you would qualify. If you are filing the petition for yourself, do any of these apply to you? I am the current or former spouse of the Respondent. I have lived in an intimate relationship with the Respondent for at least 90 days during the past year. I am related to the Respondent by blood, marriage, or adoption. I am the parent, stepparent, child, or stepchild of the Respondent, and I have resided with the Respondent for 90 days during the past year. I have a child with the Respondent. I have had a sexual relationship with the respondent within (1) year before the filing of the Petition. If you checked any boxes above you can file for a protective order. If you did not, you can file for a peace order. FREQUENTLY ASKED QUESTIONS Where do I file? A petition for a peace order may be filed only in District Court. A petition for a protective order may be filed in District Court or Circuit Court. If the Clerk’s Office is open, you must file with the clerk. If the Clerk’s Office is closed, file with a District Court commissioner between the hours of 4:30 p.m. - 8:00 a.m. and on the weekends. Is there a deadline for filing? A petition for a peace order must be filed within 30 days of the act described within the petition. There is no specified time frame for filing a protective order. Can criminal charges also be filed? Peace and protective orders are civil orders, not criminal charges. If you wish to file for criminal charges, see a District Court commissioner or a state’s attorney. What happens if an order is violated? Violation of order may result in a finding of contempt, mandatory arrest, criminal prosecution, imprisonment, or fine. Do I need a lawyer? An attorney may be helpful in advising you about your case and representing you in court. However, you are not required to have an attorney. 22 DOMESTIC VIOLENCE Where To Get Help Domestic Violence Coordinator: Circuit Court, 1st Floor, (301) 609-6223 District Court Clerk: District Court, 1st Floor, (301) 934-5110; Option #2 Circuit Court Clerk: Circuit Court, 2nd Floor, (301) 932-3215 Court Commissioner: District Court, 1st Floor, (301) 934-5110; Option # 4 Charles County Sheriff’s Office Domestic Violence Unit: (301) 932-3072 Center for Abused Persons (CAP) Hotline: (301) 645-3336 Filing a Petition If you seek protection for yourself, child(ren), elder or disabled adult, you can complete a petition for protection from domestic violence. A petition is generally filed with the Clerk of the District or Circuit Court between the hours of 8:30a.m. - 4:00p.m. The Domestic Violence Coordinator’s Office at the Circuit Court Courthouse will provide assistance with this process. The petition is then presented to a judge. After court hours (between the hours of 4:30p.m.-8:00a.m. and on weekends when courthouse offices are closed), the District Court Commissioner is located in the District Court Courthouse (accessed from the parking lot side) and may issue an interim protective order. Forms To Fill Out The Domestic Violence Coordinator, a clerk, or the commissioner will give you several papers. You will need to describe your complaint, the nature of the protection or relief you seek, and provide information for law enforcement officers. Please remember to be specific about what happened, when and where, any previous incidents, and if weapons were involved. If you are requesting emergency financial maintenance you will need to complete the financial statement form (CC-DC/DV 4). Temporary/Interim Protective Order After you file a complaint, you will go before a judge who will review your petition and ask you questions. If the judge finds reason to believe that abuse has occurred, he/she will sign a temporary protective order, effective immediately, and send it to a law enforcement officer to serve upon the alleged abuser. If the complaint is made to a commissioner at night or on weekends when the courthouse is closed, the commissioner will speak to you and, if he/she finds reason to believe that abuse has occurred, will enter an interim protective order and send it to a law enforcement officer for service. The temporary/interim orders issued by a judge or commissioner will tell you when and where you should appear at the courthouse for a hearing before a judge. The hearing will be held within a few days of you filing the petition. After obtaining the temporary order, your case will be set in for a final hearing. 23 Final Protective Order Hearing Once the order has been issued, if the Respondent VIO- You must be present at the hearing. You will testify and the Center for Abused Persons (CAP) for follow-up safety the Respondent (alleged abuser) will be given an oppor- planning with a counselor. LATES any part of the order, contact law enforcement and tunity to do so should he/she appear. Bring with you any witnesses, photos, notes, or medical reports that will help The Impact on Children of you prove your case. Be prepared to repeat in more detail Domestic Violence the account you gave when filing the petition. Be aware The damage inflicted by living in a home with that more proof is required at the final protective order parent-to-parent emotional abuse and physical violence is hearing. Tell the judge what you want the court to do to often overlooked and the impact of this exposure is help keep you and family members safe. You may want to traumatic: fear for self, for a parent’s safety, and bring a close friend/family member with you to provide self-blame. The emotional abuse that may accompany emotional support. Either party may be represented by an violence can be even more damaging to children. Over attorney. time, the child’s exposure to violence may lead to later Final Protective Order violence on the part of the child - as well as to other serious emotional and behavioral problems. Counseling is If at the hearing the judge finds by clear and convincing available to help children avoid the serious consequences evidence that abuse has occurred, he/she will issue a Final of abuse. See the Domestic Violence Coordinator for a Protective Order which can remain in effect for up to one referral to Center for Children and Center for Abused year. Persons (CAP). The final protective order can: Prohibit further abuse or harassment; Prohibit contact; Make arrangements for custody and visitation of To know when your Protective Order is served upon the Respondent, register with Maryland VINE Protective Order Service by calling 1-877-846-3420 (toll-free) or visit www.registervpo.com. children; Make arrangements for use of a home and/or car; Make arrangements for financial support; Require Respondent and/or Petitioner to have treatment or counseling; Order the Respondent to vacate the family residence; Order the Respondent to stay away from the Petitioner’s home, place of employment or school; Require the Respondent to surrender firearms; Award temporary possession of any pet of person eligible for relief of respondent; and/or Order any other relief that the judge determines is necessary to protect a person eligible for relief from abuse (applies to a Final Protective Order only). 24 REPRESENTING YOURSELF IN A FAMILY LAW CASE How do I prepare for my hearing? If your case is contested you will need to call witnesses to support your position. You do not need more than one witness to testify to the same information. Make sure to speak to your witnesses prior to the hearing and prepare them for the questions you will ask. Never ask a witness in court a question to which you do not already know the answer. Is it possible to observe a hearing before I go to court? Yes, most hearings are open and you can take a seat in the courtroom and observe other cases. What else can I do to prepare? Prepare what you are going to say in court ahead of time. Write down any issues upon which an agreement has been reached. These issues can then be presented to the magistrate/judge first. The magistrate/judge will only decide contested issues. Write down what you need to have the magistrate/judge hear and see to make a ruling. First, for what are you asking? What are your reasons for asking for this? Based on personal knowledge, who can testify in relation to what they have actually seen or heard? What documents or exhibits support those reasons? Who can testify that those documents or exhibits are what you say they are? (For example, a picture can be introduced as evidence to depict an image of a particular time, place or person. Your witness should be the person who took the picture or who was present at the time the picture was taken.) Make a list of the order in which you will present your evidence to the magistrate/judge. Write out the questions that you are going to ask your witnesses. Do I need to subpoena any witness I have? Yes, even if your witness chooses to appear at your scheduled court date voluntarily, you still need to subpoena your witness. You may obtain subpoenas from the Civil Clerk’s Office. What do I do on the day of the hearing? On the day of your scheduled court date, arrive early. Check in with the court personnel in the courtroom. If you are not there when your case is called, your case could be dismissed by the court. If you need to leave the courtroom even for a brief time, notify the clerk that you are leaving. If you cannot attend on the scheduled day, notify the court in writing prior to the court date. 25 REPRESENTING YOURSELF IN A FAMILY LAW CASE Do I bring anything to the court hearing? Bring all documents filed or received to date. Arrange documents in order according to date, or in a sequence that makes sense to you, so that you can locate any document to which you may need to refer. If you have a divorce case you will need a corroborating witness, even if the case is uncontested. If the grounds for the divorce occurred outside of Maryland, this person must know that you or your spouse has lived in Maryland for one year prior to filing your Complaint. In addition, the witness must know that you were married, the circumstances of your separation, and have personal knowledge based on what the witness has seen or heard. Bring everything with you that you think the court needs to consider, as you will not have another opportunity to present these documents or exhibits at a later date. What if there has been domestic violence in my case? If there is concern about physical danger or harassment from the other party, notify the court and request a separate waiting area. You may also want to bring a family member or advocate to support you during the hearing. Can I bring children to my court hearing? It is often inappropriate for children to attend court related matters. The courthouse does NOT offer childcare services. Unless specifically requested or subpoenaed by a magistrate/judge, minor children under of the age of 18 should not be present at court hearings. Should I make an opening statement? Both parties will have a chance to give an opening statement. If you choose to present an opening statement, be as brief as possible. Some magistrates/judges will swear the parties in as soon as the hearing starts, and others when it is time to give your testimony. What happens next? After the opening statements, the Petitioner/Plaintiff presents his/her case first by calling witnesses to testify and submitting evidence. The Respondent/Defendant presents his/her case next. The Petitioner/Plaintiff has the final chance to respond. You will have the opportunity to question, or cross-examine, the other party’s witnesses, and the other party will have the same opportunity. There will then be the opportunity to re-direct questions to clarify any testimony given on cross-examination. Only ask questions. Do not testify yourself when you are questioning a witness. How does the hearing conclude? After the parties have presented all of the their witnesses and evidence, each party may make a closing statement summarizing what you think your case has shown and what you are asking for. When will I receive my decision from the court? Most court decisions are issued at the time of the hearing. If not, you will hear from the court in writing at a later date. 26 OTHER THINGS TO REMEMBER WHEN APPEARING IN COURT Can I speak to a magistrate or judge privately? Magistrates and judges can NOT speak with you without the other party or parties present. Decisions and conversations regarding cases must be placed on the record. Do not argue with the magistrate/judge or the opposing party. If you object to a witness, question or evidence, stand up and say “Objection”. Provide the reason for your objection, such as irrelevant, hearsay, etc. Speak loudly and clearly and do not interrupt while another is speaking. Wear appropriate courtroom attire. Appropriate courtroom attire for women is a dress or nice blouse and pants and for men is long pants and dress shirt. It is inappropriate to wear shorts, tank tops, t-shirts (especially ones with offensive messages) or caps. The magistrate or judge cannot give either party legal advice. If you have failed to file a document properly or otherwise not complied with the Rules of Procedure or Statutes, the hearing may be continued. You should consult an attorney to assist you at this point. Other court policies: Chewing gum is not allowed. All electronic devices inside a courtroom shall remain off. No recording devices or photos are allowed. Please refer to the information posted outside of each courtroom for further information regarding the court’s Possession and Use of Electronic Device Policy. 27 COMMUNITY RESOURCES It is always best to consult with an attorney about your case. If you are unable to afford an attorney, and choose to represent yourself, contact any of the following resources: Charles County Bar Association Family Legal Clinic: Located in the Charles County Circuit Court every Tuesday and the first and third Wednesday of each month from 9:00am to 12:00pm. These attorneys will not represent you, but they may advise and assist you with filing court forms to represent yourself. Family Law Hotline: 1-800-845-8550 Monday-Friday ∙ 9:30am—4:30pm Legal Forms Helpline: 1-800-818-9888 Tuesday, Wednesday, Friday ∙ 9am—12:30pm ∙ Thursday 9am- 4pm Maryland Volunteer Lawyer Services: 1-800-510-0050 Charles County Bar Association: 301-609-9350 Charles County Sheriff’s Department Domestic Violence Unit: 301-932-3072 Charles County Sheriff’s Department: 301-932-2222 301-932-3072 ∙ 301-870-3232 Center for Abused Persons (CAP) 24-hour hotline: 301-645-3336 ∙ 301-645-3337 ∙ 301-843-1110 Hughesville Women’s Shelter 24-hour hotline: 301-274-0683 Charles County Department of Social Services: 301-392-6400 Circuit Court Civil Court Clerk: 301-932-3215 District Court Civil Office: 301-934-5110; Option #2 28 COMMUNITY RESOURCES Angel’s Watch Regional Shelter (Women and Children) 8395 Leonardtown Road Hughesville, MD 20637 Phone: (301) 274-0680 Website: www.catholiccharitiesdc.org Services Offered: Emergency, domestic violence, hypothermia and transitional shelter. Eligible Populations: Single women and women with their children who are homeless in Southern Maryland. Referral Policy Clients must be referred by the Department of Social Services, the Center for Abused Persons, or the Sheriff’s Office in cases of domestic violence. Catholic Charities 8395 Leonardtown Road Hughesville, MD 20637 Phone: (301) 274-0680 Website: www.catholiccharitiesdc.org Services Offered: Social supportive services. Eligible Populations: Homeless individuals and families with disabilities within the tri-county area who are referred for tenancy. Referral Policy Residents must be referred by their county Department of Social Services or another transitional program or homeless shelter. Residents will be asked to complete an application as part of the referral process. Applications are assessed on need as well as the order in which they are received. Eligible applicants may be placed on a waiting list. Center for Abused Persons (CAP) 2670 Crain Highway, Suite 303 Waldorf, MD 20601 Phone: (301) 645-8994 & (301) 843-1110 Website: www.centerforabusedpersons.com Services Offered: Center for Abused Persons provides counseling for victims of sexual assault, domestic violence and child abuse, 24-hour crisis helpline, community education, and professional training. Center for Children 6100 Radio Station Road P.O. Box 2924 La Plata, MD 20646 Phone: (301) 609-9887 & (301) 753-4002 & (301) 884-0767 Website: www.center-for-children.org Services Offered: The Center for Children is dedicated to the prevention and treatment of child abuse and to the promotion of positive mental health through crisis intervention, counseling, and education. It is committed to providing comprehensive services to empower children and their families to have good mental health outcomes. 29 COMMUNITY RESOURCES Charles County Department of Community Services 8190 Port Tobacco Road Port Tobacco, MD 20677 Phone: (301) 934-9305 & (301) 870-3388 & (301) 932-6004 Housing and Community Development: (301) 934-0112 VANGO Bus Service: (301) 609-7917 Website: www.charlescounty.org/cs Services Offered: The mission of Charles County Government Department of Community Services is to provide quality programs and services related to Aging and Senior Programs, Child Care, Housing, Recreation, and Transportation for the residents of Charles County. Charles County Department of Health 4545 Crain Highway P.O. Box 1050 White Plains, MD 20695 Phone: (301) 609-6900 Mental Health Center: (301) 609-6700 Substance Abuse and Prevention: (301) 609-6600 Website: www.charlescountyhealth.org Services Offered: The mission of the Charles County Department of Health is to protect, promote and assure the health of the community and its citizens. It responds to the health care needs of the County by providing health services, health education, disease detection and prevention, and a safe environment with integrity, sensitivity and quality, professional care.. Charles County Department of Social Services 200 Kent Avenue La Plata, MD 20646 Phone: (301) 392-6400 Website: www.charlescounty.org Services Offered: The Charles County Department of Social Services is committed to building alliances that promote self-sufficiency, empower families, increase personal safety and security, and value diversity. Charles County Family Day Care Association, Inc. 1282 Smallwood Drive West, Suite 122 Waldorf, MD 20603 Phone: (301) 645-0534 & (301)893-5693 Website: www.chcfdca.org Services Offered: The Charles County Family Day Care Association’s mission is to promote and provide professional and quality child care services to families throughout Charles County and to encourage the professional growth and development of individual child care providers. 30 COMMUNITY RESOURCES Charles County Sheriff’s Department Location #1: District 1 Station 6855 Crain Highway P.O. Box 189 La Plata, MD 20646 Phone: (301) 932-2222 Location #3 District 3 Station 3670 Leonardtown Road Waldorf, MD 20601 Phone: (301) 932-7777 Location #2: District 2 Station 4401 Indian Head Highway Indian Head, MD 20640 Phone: (301) 743-2222 Location #4 Headquarters 6915 Crain Highway P.O. Box 189 La Plata, MD 20646 Phone: (301) 609-6400 Website: www.ccso.us Services Offered: The Charles County Sheriff’s Office, a full-services law enforcement agency, is committed to protecting the lives and property of the citizens of Charles County. The Sheriff’s Office carries out this mission through the preservation of peace and order, enforcement of all laws and ordinances, confining of prisoners, and through crime prevention efforts. Hours of Operation of all four locations is 24 hours a day, 7 days a week. Family Resource Center 11110 Mall Circle Waldorf, MD 20603 Located outside of Dick’s Sporting Goods in the Mall Phone: (301) 374-6696 Website: www.center-for-children.org Services Offered: The Family Resource Center can assist any family that may need assistance with linkages to resources such as advocacy, mental health services, insurance, energy assistance, tutoring, child care, and more. Legal Aid Bureau 15364 Prince Frederick Road Hughesville, MD 20637 Phone: (301) 932-6661 & (877) 310-1810 Website: www.mdlab.org Services Offered: The Legal Aid Bureau provides fee legal services, to those who qualify financially, in the areas of housing (evictions and unsafe housing), credit problems, consumer (including bankruptcy & debt collection), family law, medical assistance, Social Security and other public benefits. It also provides legal services to the elderly and to children in neglect and abuse cases (through the Dept. of Social Services). Legal Aid deals with domestic cases on a limited basis. 31 COMMUNITY RESOURCES Lifestyles of Maryland Foundation, Inc. 612 E. Charles Street La Plata, MD 20646 Phone: (301) 609-9900 Website: www.lifestylesofmd.org Services Offered: By drawing on its own resources and networking with other area agencies and organizations, it seeks to provide affordable, accessible services, activities, and goods to support and encourage individuals, families, and community. Robert J. Fuller Transitional House (Men) 3470 Rockefeller Court Waldorf, MD 20602 Phone: (301) 645-7994 & (301) 645-2933 Services Offered: Provides and administers accommodations and transitional support for homeless men. Helps these men to break the cycle of dependency through programs designed to foster their growth toward self sufficiency. Eligible Populations: Adult men. Southern Maryland Center for Family Advocacy (Formally known as: Maryland Women’s Center) P.O. Box 760 Hollywood, MD 20636 Phone: 301-373-4141 Website: www.smcfa.net Services Offered: SMCFA provides court advocates for people needing to file a domestic violence case. It provides free legal representation for domestic violence and family law matters to those who meet income criteria. Southern Maryland WIC Program 4545 Crain Highway P.O. Box 1050 White Plains, MD 20695 Phone: (301) 609-6857 & (877) 631-6182 Services Offered: The mission of the Southern Maryland WIC Program is to provide supplemental foods and nutrition education to income-eligible women, infants and children. Breastfeeding support is also available. For an array of additional resources visit: www.unitedwaycharles.org Navigate to “How We Help” and select Free Directory/Resource Guide. You may receive a Directory of Human Services by mail, free of charge, or download an electronic copy. 32 DEFINITIONS Affidavit: A written signed statement made under oath. Answer: The written signed response to a Complaint, Petition, or Motion. Child Support Guidelines: The court must calculate support using daycare expenses, medical expenses, extraordinary medical expenses, other existing child support order(s), and the income of both parties. Co-Parenting Education Seminar: A court-ordered seminar or class that helps parents develop a cordial, functional relationship and assists parents in communicating without conflict. Intended for parents who have children 0-17 years of age. Complaint or Petition: A document, when filed with the court, that starts a case. The Complaint or Petition must be properly served on the other party(ies) to the case. See the definition of Service on Page 41 for more details. Contempt: The court can issue a Show Cause Order that must be served on the other party(ies). If the other party is failing to comply with the provisions of the court order, you can file for contempt. Contested: A matter is contested when the parties are not in agreement with a particular issue. Hearings resolve contested matters. Custodial Parent: The parent who has primary care and physical custody of the child(ren). Custody: The arrangements regarding: Physical custody: with whom the child(ren) will live. Legal custody: how important decisions about the child(ren) will be made. Joint legal custody: decisions about major issues will be made by both parents. Sole legal custody: one parent makes the decisions about the child(ren). Joint physical custody: the child(ren) will live more or less equally with both parents. Joint physical custody: The child(ren) will live, more or less, equally with both parents. Sole or primary residential or physical custody: The child(ren) live(s) mostly with one parent. Often a schedule for visitation with the other parent is included. Parents are strongly encouraged to make these decisions themselves through cooperation, consultation, mediation, or other non-court imposed means. Default: If a party fails to file a written Answer to a Complaint, Motion or Petition with the court. The case may proceed to a hearing without the opposing party being present. At the hearing, all of the relief requested may be granted. Defendant or Respondent: The person against whom the case is brought and from whom relief is sought. Deny: A judge or magistrate does not grant the request for relief. 33 Divorce: There are two types: Limited Divorce: A legal separation that establishes certain legal responsibilities and settles certain issues. It does NOT end the marriage. The parties CANNOT remarry. Absolute Divorce: The ending or dissolution of a marriage. Both parties are legally free to remarry. Family Services: Programs, studies or services which may be ordered by the court. These may include, but are not limited to: Co-Parenting Education Seminar; Mediation; Home Studies/Custody Evaluations; Drug & Alcohol Screening/Evaluation; Attorney for Children (Best Interest Attorney or Child Privilege Attorney); Supervised Visitation/Monitored Exchange. Grant: The judge or magistrate approves or allows the relief requested. Grounds for Divorce: The legal basis or specific circumstances under which a divorce will be granted. A corroborating witness must testify and provide proof for basis of divorce. Marital Property: Includes all property acquired during the marriage, even if it is not titled in both names. Property issues cannot be revisited once the divorce is final. You are strongly encouraged to seek an attorney for assistance regarding property issues. Magistrate: Conducts court proceedings in family law and juvenile causes and makes recommendations. A magistrate’s recommendations are approved by a judge before becoming a Final Order. Mediator: Neutral person who encourages discussion and assists parties to reach an agreement. Merits Hearing: The final hearing on a Complaint, Petition or Motion. Evidence is presented and witnesses testify under oath. Motion: A written request to the court. A copy of any Motion must be mailed to the other party(ies). Non-Custodial Parent: The parent who does not have primary care and physical custody of the child(ren). May have an obligation to pay child support. Oath: Commitment to tell the truth. Party: The person(s) legally involved in a case. These names appear in the case caption of most legal documents filed in the case. For example, Plaintiff, Petitioner, Defendant, or Respondent. Pendente Lite: Temporary custody, child support, alimony, use of property, etc., until a final merits hearing is held. Petition: See Complaint. Petitioner: See Plaintiff. Plaintiff or Petitioner: The person who initiates the opening of a case and requests relief from the court. Pleadings: A Complaint/Petition or an Answer filed in a case stating the person’s position and request for relief. Pre-Trial/Status Conference: A meeting with the magistrate or the judge to determine the status of the case before the merits hearing or to determine the completion any family services ordered. Settlement options will be explored. Pro Se/Self-Represented Party: A party who participates in a case or who appears in court without a lawyer. 34 Respondent: See Defendant. Scheduling Conference: See Settlement Conference. Settlement Conference & Scheduling Conference: A court meeting held with a magistrate or judge, where issues are identified and discussed. The parties may request that the court order services, studies, or evaluations. Mediation may be ordered. Dates and deadlines are set for future events in the case. Settlement options will also be explored. Service: Ensuring that a copy of the Complaint and Summons is delivered to the opposing party by a person not involved in the case who is over the age of 18 years. Service may be obtained by private process, certified mail, or by the Sheriff’s Office ($40.00 fee). An Affidavit of Service must be filed and signed by the server indicating how and when service was made and filed with the court. Show Cause Order: A Show Cause Order is an order of the court, directing a party in a case to appear for a hearing on a certain date to explain why the judge should not issue a specific order or make a certain finding. Subpoena: Form issued by the Clerk’s Office directing a person to appear and testify or to bring documents to a court proceeding on a specific date and time. Summons: A form issued by the Clerk’s Office directing a party to respond in writing to a Complaint, Motion, or Petition, within a certain, specified amount of time. Uncontested: No issues left to resolve. Witness: A person who testifies, under oath, in court to provide facts about a case. 35 MY CASE INFORMATION Type of Complaint Filed: Date Filed in Court: Hand delivered Mailed Case Number: Type of Service: Date of Service: Date of Answer Filed: Date of Scheduling/Settlement Conference: Date of Mediation: Name of Mediator: Mediators Phone Number: Location of Mediation: Date of Co-Parenting Seminar: Date of Pendente Lite Hearing: Date of Merits Hearing: Any Referrals Made: Date of Show Cause Hearing: Payments Made: Agency: Amount: $ Agency Amount: $ Agency Amount: $ 36 NAMES, ADDRESSES, AND PHONE NUMBERS Name: Email: Address: City, State, Zip Code: Work Number: Cell Number: Name: Email: Address: City, State, Zip Code: Work Number: Cell Number: Name: Email: Address: City, State, Zip Code: Work Number: Cell Number: Name: Email: Address: City, State, Zip Code: Work Number: Cell Number: Name: Email: Address: City, State, Zip Code: Work Number: Cell Number: 37 APPOINTMENTS Date: Time: Person: Place: Date: Time: Person: Place: Date: Time: Person: Place: Date: Time: Person: Place: 38 NOTES 39 NOTES 40 The information contained in this handbook is provided as a public service for informational purposes only. It is not intended to be a comprehensive statement of the law or to contain legal advice. Each case has its own set of individual facts and general information cannot be relied upon to make legal decisions. Legal advice must be tailored to the specific circumstances of each case. The information provided in this handbook may not always be an appropriate fit for your case. While the information contained herein is believed to be accurate, the law constantly changes. The information provided in this handbook is designed as a user resource guide only. It is strongly recommended that you seek legal counsel who can apply the current law to the unique facts of your case. Charles County Circuit Court 200 Charles Street P.O. Box 3060 La Plata, MD 20646 301-932-3278 www.mdcourts.gov This project is supported by a grant from the Maryland Judiciary’s Access to Justice Department June 2016 41
© Copyright 2026 Paperzz