Before you make a decision about how to approach your case, it’s important to know what the pros and cons are of both litigation and mediation. Litigation refers to a case that is handled through the traditional court process rather than settling through mediation. A litigated case usually ends in a trial where a judge decides on the outcome of the case. In mediation, the parties come to a mutual agreement themselves rather than have a judge decide the fate of their case.

Unlike mediation, litigation is an open court process and not confidential. The parties have less control over the outcome as the judge makes the decision. However, it is important to note that just because you file a case in court and it starts off as contested does not mean that the parties are not able to settle before it reaches a trial. In fact, many cases do settle prior to the case reaching trial. Many attorneys are able to amicably negotiate a good outcome for their clients while saving them the stress of going to trial. It is important that you hire an attorney who can assess your case and who will give you practical and honest plan of how to handle your case.

Litigation can be more costly than mediation and you have less control over your costs. The complexity of your case can also drive up legal fees. Another consideration that parties need to be mindful of is the amount of time a case can take to process through court. Litigated cases often last longer than cases that settle. Finally, it is important to note that each case is unique and it is important to discuss with your attorney your goals and what works best for you. If you have any questions, please call us at (443) 741-2567 and we would be happy to talk with you about all of your options.

Child support is a court-ordered payment that is for the benefit of your child(ren). Once child support is established through a Maryland court order, the payor must pay their monthly child support payment. If child support is not paid, there are serious consequences which may include:

1. Wage garnishment;

2. Loss of driving privileges;

3. Repayment of the child support plus fines;

4. Possible jail time and fines if found in contempt of court.

If you are struggling to make your child support payments, you should file for a petition for modification of the current order as soon as possible. You will have to prove to the court as to why your child support should be modified.

What is a protective order and how can I get one? A protective order is a court order that says one person must refrain from doing certain acts against another person. You must have a certain type of relationship with the other person to be eligible for a protective order. If you and the Respondent have any of the following relationship categories, then you may qualify for a protective order:

1. The parties are married, divorced, or currently separated;

2. The parties are related by marriage, blood or adoption (this includes stepparents and stepchildren if they have lived with you for at least 90 days in the past year);

3. The parties have lived together in a sexual relationship for at least 90 days in the past year;

4. The parties are the parents of a child together;

5. The parties have had a sexual relationship with each other in the past year;

6. You are a vulnerable adult;

7. You were raped or sexually assaulted by the other person (including attempts) in the past six months.

For the court to grant a final protective order, you must prove that the other party committed an act of abuse. The Petitioner must first file a petition for a protective order and the court will issue an interim protective order which will set a time for a temporary protective order hearing. At that time, the Petitioner appears before a judge and explains what happened to the judge and why they need a protective order. If the judge grants the temporary protective order, it usually lasts for 7 days up to a few weeks. It will also outline the date for the final protective hearing which is the final hearing where both the Petitioner, Respondent, and their witnesses present their case. If the judge awards a final protective order, it usually lasts for a period of one (1) year.