Topics
Baltimore City's reverse redlining lawsuit dismissed.
Baltimore Sun confuses the public by trying to define probation before judgment.
Court of Appeals considers whether an arbitration agreement is binding.
How Dixon maintains her innocence by making an Alford Plea.
Lessons from the Redskins suing their fans.
Local print media confuses National Media with their headline regarding Suggs? Protective Order
McNair's death reminds us that everyone needs a Will.
Mega banks take notice: raise consumers interest rate and don?t expect to be paid.
Redskins sue their fans.
Suggs consenting to Protective Order was a wise move.
Recent Updates
Local print media confuses National Media with their headline regarding Suggs’ Protective Order
At approximately the same time, both Justin Fenton of the Baltimore Sun and Aaron Wilson of the Carroll County Times broke the story that a protective order was “granted” against Terrell Suggs of the Baltimore Ravens. Although this is technically correctly that the District Court of Maryland for Baltimore City did “grant” by entering a Consent Protective Order, the wording is misleading and sensationalized. As a result, the National Media has picked up the story and is running a similar headline:
Protective order granted against Suggs – Associated Press
Restraining order granted against Suggs – Pro Football Talk
However, local television WBAL - Channel 11 earned the Mummertlaw.com Silver Star Excellence in Journalism Award for its headline of “Protective Order Vs. Terrell Suggs Extended”. This is an absolutely fair headline. WBAL would have received a Gold Star had its headline been “Suggs consents to Protective Order.” It would have earned a Platinum Star if its headline was “Suggs consenting to Protective Order was a wise move”.
When a client consents to a Final Order of Protection, the trial Court makes no factual determination at all if an act of abuse occurred. At this point, it’s just procedure. Specifically, the trial Judge determines what the parties agreed to (e.g., length of time of the order, what are the stay away provisions, what is the custody, visitation, and emergency family maintenance schedule, and are there any other special terms and conditions). The only factual questions asked are those to support the conclusion that the parties freely and voluntarily entered into this agreement.
At future hearings on custody and visitation, the Circuit Court will give very little weight, if any at all, to a Consent Protective Order. The Circuit Court Judges know, and appreciate, parties resolving their disputes. More importantly, the Circuit Court Judges know that a previous Judge has never determined by clear and convincing evidence that the Respondent abused the Petitioner. In fact, Circuit Court Judges will quickly point this out if an attorney or unrepresented party attempts to allude a finding of abuse from a consensual Protective Order.
To learn more about prosecuting and defending protective orders, or how to create a parenting plan, custody, visitation, child access schedule, and child support, please contact Timothy J. Mummert, P.A.
