In situations involving domestic abuse, harassment, stalking, assault and certain other types of conduct, Maryland law provides two avenues to the Court for a restraining order that may offer protection: Peace Orders and Protective Orders. The two are similar, but apply to different situations. Maryland also has recently enacted Extreme Risk Protective Orders (ERPO), that may restrict an individual’s access to firearms.
Protective Orders generally apply to family situations. To be a person eligible for relief, the person seeking the protective order (the “petitioner”) must show that he or she is:
- A current or former spouse of the abuser (also called the Respondent);
- A cohabitant of an abuser, who:
- Is having a sexual relationship with the abuser, and
- Has lived with the abuser in the home for at least 90 days within 1 year before filing for relief;
- A person who had a sexual relationship with the abuser within 1 year before filing for relief;
- A person related to the abuser by blood, marriage, or adoption;
- A parent, stepparent, or stepchild, if you have lived with the abuser in the home for at least 90 days within 1 year before filing for relief;
- A vulnerable adult; or
- A person who has had a child with the abuser.
If the Petitioner does not meet any of those criteria, a Peace Orders may be available for other situations and may be appropriate in cases of harassment, stalking, revenge porn, destruction of property and other types of harassing, abusive behavior.
The elements that you must establish to obtain a Protective Order or a Peace order vary, and there are additional statutory criteria that must be met.
The process for obtaining a Protective Order or a Peace Order are generally similar. There are generally two or three stages to the process.
(1) Interim Order: If there is an emergency and the courts are closed, a Petitioner may obtain an immediate order by filing papers under oath alleging facts that would support granting an order. A commissioner may grant an interim order ex parte, meaning that the order is granted based on the facts alleged by the Petitioner and the Respondent does not have the opportunity to tell his or her side of the story. An interim order expires on the second business day after it is issued, or at a hearing for a temporary order.
(2) Temporary Order: If the courts are open, or if the Petitioner first obtained an interim order, the Petitioner will appear before a judge. If the judge determines that there is probable cause to issue an order, the judge will issue a temporary order. In this context, “probable cause” is a fairly low burden of proof and most petitions will be granted as long as the facts alleged in the petition meet the statutory criteria. A Temporary Order may be issued without the Respondent being present; the Respondent may not even know that the proceeding is taking place. Because of this, a temporary order expires in seven days.
(3) Final Order: Once the Respondent has received notice of the temporary order, the Court will have a hearing to determine whether to issue a Final Order. This hearing is a full hearing where both sides have the opportunity to present their evidence. The burden of proof for a Final Order is on the Petitioner, and the Petitioner must prove by a preponderance of the evidence that the facts alleged are true.
For more information, see the following:
Acts for which a Peace Order may be granted are defined in the Family Law Article, § 4-501.
Acts for which a Protective Order may be granted are defined in the Courts and Judicial Proceedings Article, § 3-1501.