Need a Lawyer for Peace Order case

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  • Onwrd Farm

    Ultimate Member
    Feb 17, 2013
    1,642
    Carroll County
    Threats cross the property line. He can get a permit if he gets a peace order. An active ongoing threat from a neighbor is not only a threat when he is at his house.

    When we get the Peace order on Tuesday can I PM you for more info about this?
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    Nah. Since the problems are at home, he can already carry on own property, no Permit required.

    If this guy is really off his rocker and he starts shooting at you from his property, can you legally return fire or do you have to retreat into your house?
     

    JJakes

    Member
    Aug 26, 2015
    72
    Sounds a lot like my neighbor. If he really is, don't be surprised if he says you were harassing him and makes up stuff that you have to rebut.
    Good luck.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,824
    Bel Air
    If this guy is really off his rocker and he starts shooting at you from his property, can you legally return fire or do you have to retreat into your house?

    You do what you have to in order to survive and worry about consequences later.
     

    6-Pack

    NRA Life Member
    MDS Supporter
    Jan 17, 2013
    5,663
    Carroll Co.
    The burden of proof at the next hearing is higher than the temporary peace order hearing.

    To help your chances of success, you'll need to show ongoing threats and demonstrate that you truly feel for your safety and well-being. Any documents, witnesses or journals describing a pattern of threats would be helpful.

    Also, the judge probably won't issue a permanent peace order without the neighbor being present in the courtroom. In these situations, judges will usually extend the temporary order for another week.

    Just be careful if the neighbor tries taking out one on you: sometimes judges will grant both parties a peace order against each other. DO NOT agree to this because ther could be firearm ownership issues for you.

    This isn't legal advice.
     

    tmd99

    Active Member
    Aug 22, 2015
    446
    Frederick
    Feel free to call me at the office Monday if you'd like to discuss your final protective hearing further. I'd be happy to chat with you about it. pm sent
     
    Last edited:

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    You might want to delete your phone number and send him a PM with it. There are many eyes that read these messages.
     

    traveller

    The one with two L
    Nov 26, 2010
    18,394
    variable
    Oh the joys of shared driveways.

    As I understand it, only a domestic protective order affects your firearms rights. Just make certain that you never threaten anyone. Even if you end up with a reciprocal peace order, you should be fine.
     

    Onwrd Farm

    Ultimate Member
    Feb 17, 2013
    1,642
    Carroll County
    First of all Thank you to everyone for their thoughts and advice. Because of the nature of the issues with this person we have opted for legal counsel. Fortunately the one that called us back seems to be a legal pitbull so I feel as though we are in good hands. The safety and well being of myself, my wife and son are always my number 1 priority.
    Thank you again to the members of this wonderful community. Your words have helped more then you can imagine.
     

    T-Man

    Ultimate Member
    Jul 23, 2010
    3,688
    Catonsville
    First of all Thank you to everyone for their thoughts and advice. Because of the nature of the issues with this person we have opted for legal counsel. Fortunately the one that called us back seems to be a legal pitbull so I feel as though we are in good hands. The safety and well being of myself, my wife and son are always my number 1 priority.
    Thank you again to the members of this wonderful community. Your words have helped more then you can imagine.

    Good news!

    Just a piece of advice on the lawyer part -- we are a very specialized group these days. With all of the different areas of practice, if you have not done something before it can be a very steep learning curve and you don't want to be the client that someone learns on. Like any other professional, it is advisable to ask whether they have handled your type of case before, in what capacity and how many times. The different jurisdictions make a difference as well as Carroll County is very different from Baltimore City.

    Good luck!
     

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