A Guide for Parents and Families

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