How To File for A Maryland Protective Order
According to the Maryland Network Against Domestic Violence, in 2018, there were 46 deaths linked directly to domestic violence in the state of Maryland. Getting a Maryland protective order can be the first step in stopping domestic violence in your life or the life of someone you know. Read on for everything you need to know about filing a protective order in Maryland.
What is a Protective Order?
A protective order is one of two methods in which a court can legally protect a person facing domestic violence. The other method is a peace order which may protect those who do not qualify for a protective order. A protective order is a form of legal protection which orders one person to stop committing certain abusive acts on another person which are causing harm or a fear that harm will occur. In Maryland, protective orders cover a large group of individuals including spouses and children.
Protective Order vs. Peace Order in Maryland: What’s the Difference?
Maryland has two types of civil court orders designed to protect people from harm: protective orders and peace orders. They are often confused, but they serve different populations and have important legal differences. Choosing the wrong type of petition can result in your case being dismissed.
The most important distinction is the required relationship between the parties:
- Protective orders are for people in qualifying domestic relationships — current or former spouses, people who have children together, people who have lived together, or close relatives.
- Peace orders can be filed by anyone against anyone else — neighbors, coworkers, strangers, or acquaintances. No specific relationship is required.
Beyond eligibility, protective orders and peace orders also differ in duration and scope. The table below summarizes the key differences:
| Protective Order | Peace Order | |
| Who can file? | Spouses, co-habitant partners, people with children in common, relatives | Anyone — even strangers, coworkers, neighbors |
| Relationship required? | Yes — must have qualifying relationship | No relationship required |
| Conduct covered | Abuse, assault, stalking, revenge porn, false imprisonment | Assault, harassment, stalking, trespass, malicious destruction |
| Temporary order duration | Up to 7 days | Up to 7 days |
| Final order duration | Up to 1 year (up to 2 years in some cases) | Up to 6 months |
| Where to file | District Court during hours; Commissioner’s Office after hours | District Court during hours; Commissioner’s Office after hours |
| Can it cover children? | Yes | No |
If you are unsure which type of order applies to your situation, the attorneys at Cohen Harris can help you evaluate your options and file the correct petition the first time. Mistakes at the filing stage can delay your protection and give the other party time to respond.
How to Get a Maryland Protective Order
The first step is to go to your local District Court and file a Petition for Protection Against Domestic Violence. In Baltimore, this is filed at Baltimore City District Court, located at 1400 E. North Ave, Baltimore, MD 21213.
If the court is closed, you can file the petition at the District Court Commissioner’s Office, which is open 24 hours a day, seven days a week, including nights, weekends, and holidays.
The Petition form is available on Maryland’s judiciary website. When completing it, be thorough: include specific dates, a description of each incident, any injuries that occurred, and whether the person you are seeking protection from possesses any firearms.
Most importantly, make sure to clearly indicate what relief you are asking the court to grant. An attorney at Cohen Harris can help you complete the petition accurately and advocate for the strongest possible order at your hearing.
What to Expect after Filing a Petition
After the Petition is filed the next step will be a hearing in front of a judge at a Temporary Protective Order hearing where proof will be submitted providing proof of any abusive acts. The judge will examine all the presented evidence and determine whether the court should enter an order. If the judge decides in the affirmative, a Temporary Protective Order will be granted. The order will last until a hearing on a Final Protective Order can take place. At the hearing for the Final Protective Order, the burden of proof is increased. Proof will need to show that the abuse occurred and a Final Protective Order should be issued in order to avoid any future abuse. If the Final Protective Order is granted, then any violation may lead to criminal prosecution for a period of up to one year.
How Long Does a Protective Order Last in Maryland?
The duration of a Maryland protective order depends on which stage of the process you are in:
- Interim protective order: If a commissioner issues an order after-hours, it lasts until the next court day when a judge can review it.
- Temporary protective order: Issued by a judge at the initial hearing, it lasts up to 7 days until the final protective order hearing.
- Final protective order: If granted by the court after a full hearing, a final protective order in Maryland lasts up to one year. In cases involving a second or subsequent order, or where the respondent has been convicted of a crime of violence against the petitioner, the court may extend the order for up to two years.
At the expiration of a final protective order, you may petition the court to extend or renew it if the threat of abuse continues. Do not wait until the order expires to seek an extension — contact Cohen Harris in advance so we can file the necessary motion.
What Happens if a Protective Order Is Violated in Maryland?
A violation of a Maryland protective order is a serious criminal matter. If the person subject to the order (the “respondent”) violates any of its terms — by contacting you, coming to your home, or committing any act the order prohibits — they can face the following consequences:
- Criminal charges: Violating a protective order in Maryland is a misdemeanor that can result in up to 90 days in jail and/or a fine of up to $1,000 for a first offense. Subsequent violations carry up to one year in jail and/or a fine of up to $2,500.
- Arrest: Law enforcement can arrest the respondent without a warrant if they have probable cause to believe a protective order violation has occurred.
- Contempt of court: In addition to criminal charges, the court can hold the respondent in contempt for violating its order.
If your protective order has been violated, call 911 immediately if you are in danger. Then contact Cohen Harris at 888-585-7979. Our Baltimore attorneys can help you document the violation and pursue enforcement through the court to ensure your protection is taken seriously.
Frequently Asked Questions: Maryland Protective Orders
What is a protective order in Maryland?
A protective order in Maryland is a civil court order that prohibits a person from committing acts of abuse against another person with whom they have a qualifying domestic relationship. It can also require the respondent to vacate a shared home, stay away from the petitioner’s residence and workplace, and surrender firearms. Violations are a criminal offense.
How long does a protective order last in Maryland?
A temporary protective order lasts up to 7 days. A final protective order in Maryland lasts up to one year, and may be extended up to two years in cases involving repeat orders or a prior conviction. The order can be renewed before it expires by petitioning the court.
What happens if a protective order is violated in Maryland?
Violating a Maryland protective order is a criminal misdemeanor. A first offense can result in up to 90 days in jail and a fine of up to $1,000. Repeat violations carry up to one year in jail and a fine of up to $2,500. Police can arrest the violator without a warrant if probable cause exists.
Can I get a protective order in Baltimore even if the court is closed?
Yes. The District Court Commissioner’s Office in Baltimore operates 24 hours a day, seven days a week. If the courthouse is closed, you can go to the Commissioner’s Office to file a Petition for Protection and request an interim protective order, which will remain in effect until the next court day.
What is the difference between a protective order and a peace order in Maryland?
A protective order requires a qualifying domestic relationship between the parties (e.g., spouses, co-parents, people who have lived together). A peace order can be filed by anyone against anyone — no relationship is required. Protective orders can last up to one year; peace orders last up to six months. A protective order can also cover children, while a peace order cannot.
Do I need an attorney to get a protective order in Maryland?
You are not legally required to have an attorney to file for a protective order in Maryland. However, having a Baltimore protective order attorney at Cohen Harris significantly improves your chances of a successful outcome. We help you complete the petition correctly, present your evidence effectively at the hearing, and pursue enforcement if the order is ever violated. Call 888-585-7979 for a free consultation.
Get the Legal Help You Need!
While an attorney is not required to get a Maryland protective order, people often feel more comfortable by having family law legal guidance and representation. For additional legal help and assistance contact us today.