MARYLAND : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
Maryland law defines "abuse" as the occurrence of one or more of the following acts between "family or household members":
You are eligible for a Protective Order if you or your minor child has been the victim of abuse by:
Children and "vulnerable" adults are also eligible for protection if they are the victims of abuse. An adult guardian may have to file on behalf of the child or vulnerable adult. MD defines a vulnerable adult as an adult who lacks the physical or mental capacity to provide for his or her own daily needs. Same-sex couples may only file if they resided together for at least 90 days.
.
Interim protective orders
If you are in immediate danger of abuse and the court is closed, you may get an interim order by going to the nearest District Court commissioner. An interim order goes into effect once the respondent is served by a law enforcement officer. The interim order lasts until a judge holds a temporary hearing.
Temporary (ex parte) protective orders
When you go to court to file for a final protective order, you can also ask for a Temporary order. This can be done without a full court hearing and without your abuser present. Your abuser is notified that you have an order against him as soon as a Temporary order is issued. The Temporary order is in effect for 7 days after service of the order, at which point a full court hearing will be held for a final protective order. The judge may extend the temporary order as needed, but not to more than 30 days.
Final protective orders
A final protective order can be issued only after a full court hearing, where you and the abuser both tell your sides of the story to a judge. You must attend that hearing. If you do not go to the hearing, your temporary order may expire and you will have to start the process over. A final protective order will last up to one year, unless otherwise stated. Orders may also be extended.
Note: If you are NOT eligible for a Protective Order, but you have been the victim of abuse and need protection, then you may be eligible to file for a Peace Order.
Peace Orders may order your abuser to:
You must file for a Peace Order in District Court. The order typically lasts for up to six months.
.
In a Protective Order, a judge may order your abuser to:
The Protection Order can also:
Whether a judge orders any or all of the above depends on the facts of your case.
.
There is no filing fee to get a Protective Order.
Although you do not need a lawyer to file for a Protective Order, it may be to your advantage to seek legal counsel. This is especially important if your abuser has obtained a lawyer. Even if your abuser does not have a lawyer, it is recommended that you contact a lawyer to make sure that your legal rights are protected.
.
It is important to recognize the limitations of a Protective Order. You must be vigilant in enforcing the order by reporting every violation to the police or the court.
Call the police immediately, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order in any way. A judge can punish someone for being in contempt of court. In addition, the police can arrest him. If they witnessed the violation or have probable cause to believe the violation occurred, they must arrest him. If the police are not involved or do not arrest him or file a criminal complaint against him, you still have the right to go to the District Court and take out a criminal complaint against him.
It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.
.