Maryland’s protective orders, the state’s version of restraining orders, are designed to safeguard a person experiencing abuse by ordering the abuser to stay away. However, much like restraining orders in other states, they don’t last indefinitely. They can remain in effect for anywhere from a few days to two years, depending on the type and the court’s orders.
What Are Protective Orders?
A protective order is a court order that requires a person to refrain from doing specific actions against another individual. These orders are essentially stay-away orders designed to protect a person by legally requiring the other to keep their distance.
Protective orders apply to family-like and sexual relationships. For example, they could apply to someone you’re related to by marriage, blood, or adoption. They can also apply to people who have a child together, vulnerable adults, and those who have had a sexual relationship with each other in the past year.
These orders also apply to perpetrators of sexual assault, including attempts, that have occurred in the past six months.
How Long Do Protective Orders Last?
The amount of time a protective order lasts varies based on the type. Maryland has three types of protective orders:
- Interim: This type of protective order lasts the shortest amount of time without notice to the abuser or a hearing. It usually only lasts for a few days until the hearing can be held.
- Temporary: These orders are issued after a hearing is held and typically last for up to six months.
- Final: These orders are the third type of protective order and last the longest. The courts issue them after a hearing, and they can be in effect for up to two years.
Can I Extend My Protective Order?
A protective order, even a final protective order, doesn’t last longer than two years. If your protective order is nearly expired and you believe you still need the protection it offers, you can request an extension.
Provided your protective order hasn’t expired, you can request an extension by completing a Petition to Modify/Rescind/Extend (Form CC-DC-DV-006). Once you submit the petition, the clerk will notify the respondent of your request and schedule a hearing within 30 days.
Are Protective Orders the Same as Peace Orders?
Protective orders aren’t the same as peace orders. While both serve the same function, each applies to different relationships. A protective order applies to family-like and sexual relationships, whereas a peace order applies to all other relationships, like those with a coworker, neighbor, or stranger.
How Do You File for a Protective Order in Maryland?
To file for a protective order in Maryland, you’ll need to complete multiple forms, including the Petition for Protection from Domestic Violence and the Addendum-Description of Respondent. You can find these forms online or at your local court. Ask the court clerk or court commissioner for the necessary forms.
Once you complete the forms, file them at the courthouse. If you need to file the order on a day when the court is closed, bring the forms to a District Court Commissioner’s Office. You can only file the forms with the district court when courts are closed.
What to Expect After Filing a Protective Order in Maryland
After you file your protective order, one of two things will happen. If you file the order with a commissioner when the court is closed, you’ll have an immediate interim hearing. During this, you’ll explain the situation, and if the commissioner finds that your relationship qualifies, they’ll issue an interim protective order, which will last two days.
On those papers, you’ll find a date and time for a temporary hearing in court. When you attend this hearing, you will explain the situation to a judge.
If the courts are open and you file your order there, the first hearing will be a temporary hearing. At this point, if the judge determines that the abuse occurred and your relationship qualifies, they will issue a temporary order that lasts seven days.
The court will schedule a final hearing at a later date. Both individuals can be present during this hearing and offer their testimony and evidence.
Get Personalized Assistance With Your Maryland Protective Order
If you’re experiencing abuse and need a protective order, our team at Jezic & Moyse is here to help. Our experienced Maryland protective order lawyers have helped many residents navigate the processes of obtaining their protective orders and can help you do the same. Contact us today at (240) 292-7200 or complete our online contact form to get started.
Frequently Asked Questions
What If the Respondent Doesn’t Follow the Protective Order?
The person you have a protective order against (the respondent) is required by law to follow the order. If they violate it, such as by contacting or harassing you, you can file criminal charges at the commissioner’s office or by calling the police. If the respondent is found guilty of violating the order, they may face up to 90 days in jail and up to $1,000 in fines.
Do I Need a Lawyer to File for a Protective Order?
Protective orders can be overwhelming, especially if you’re unfamiliar with the process. So, while you’re not required to enlist a lawyer’s help to file for a protective order, their assistance can be invaluable. Your lawyer will guide you through each stage of the process, ensuring you understand your rights, what to expect, and how to navigate the legal system.
What Evidence Do I Need to File for a Protective Order?
If you need a protective order, you must prove by a “preponderance of the evidence” that you do. This means that you are more likely than not to need it. Evidence to prove that can vary but might include police reports, text messages from the person you’re seeking the order against, photographs of injuries, or witnesses.