A peace or protective order in Maryland is a legal avenue available to those experiencing abuse in many different shapes and forms. The state of Maryland offers protections to those who face abuse, mistreatment, or harassment, including orders made on behalf of a judge to limit the behaviors of another party. Protective orders continue to be used in cases of domestic abuse, while peace orders address concerns of mistreatment between two parties that are not closely related.
These are powerful tools intended to protect alleged victims of abuse, but they come with subtle differences that must be carefully understood. Learn the fundamentals behind both protective and peace orders in Maryland, and understand the options available to you before petitioning a court.
What Are Maryland Peace Orders and Protective Orders?
Both peace and protective orders are used in Maryland to protect an individual (the petitioner) from harm at the hands of the alleged abuser (the respondent). They are used to limit contact and prevent abuse or violence against an individual, including harassment or threatening behavior.
They are civil orders issued by a judge, which, should they be violated, could result in criminal charges against the respondent. They are intended to limit abuse, harassment, or violence from one individual against another.
Victims of stalking, online harassment, revenge porn, and domestic abuse could qualify for a peace or protective order. Orders can include specifications regarding the respondent’s behavior, requiring them not to contact the petitioner, to vacate a home, or to stay away from their place of work, home, or school.
Key Differences Between Peace and Protective Orders
Peace and protective orders are similar in nature, and the differences between the two are dependent on the relationship between the petitioner and the respondent.
View the table below for more information.
|
Situation |
Protective Order |
Peace Order |
|
Spouse, ex-spouse, boyfriend/girlfriend, someone you live with and in a sexual relationship with, co-parent, close family |
Yes |
No |
|
Neighbor, coworker, acquaintance, stranger, or a roommate you do NOT share an intimate relationship with. |
No |
Yes |
When You Can Request a Protective Order
Individuals experiencing harassment, physical or emotional abuse, and domestic violence can request a protective order against an individual.
For a Protective Order, the respondent of the order will need to be a:
- A spouse, romantic partner, or ex-partner.
- Someone you lived with intimately for at least 90 days.
- A co-parent (regardless of marital status).
- A family member, including stepparents or stepchildren, in some situations
Protective orders are often included in domestic violence cases, working to protect an alleged victim from further abuse in many different forms. They can be used in circumstances of assault, stalking, revenge porn, false imprisonment, and domestic abuse cases. Should someone be arrested for domestic violence, oftentimes a temporary protective order is issued upon arrest.
When Can You Request a Peace Order in Maryland?
For those who are not eligible for a protective order but are still experiencing abuse on behalf of another party, a Peace Order would be considered the appropriate option.
You can request a Peace Order if you are facing abuse from:
- A neighbor.
- A coworker.
- A classmate.
- Someone you dated casually (but with no cohabitation or intimate relationship).
- A stranger or acquaintance.
- Someone you don’t know at all.
Peace Orders cover instances of harassment, stalking, threats, and issues of property damage, but are issued on behalf of someone you are not intimately close to. A judge can order an individual to cease contact with the petitioner, order them not to visit the petitioner’s home or workplace, or limit other abusive behavior such as stalking, cyberstalking, online harassment, or trespassing..
What Each Order Can Do
The details of a peace or protective order can vary, but some shared protections can include:
- No contact with the petitioner, either in person, by phone calls, text, social media, or through friends.
- To stay away from the petitioner’s home, school, or workplace.
- To cease all harassment or threatening behavior.
Some protective orders used in domestic violence cases could also include provisions related to the custody of children, use and possession of a home, firearm surrender requirements, and mandatory counselling or treatment.
Peace Orders do not include provisions regarding child custody or housing.
How to File A Peace or Protective Order in Maryland, Step-by-Step
While the legal system in Maryland may be intimidating, peace and protective orders exist to protect you from further harm. Learn the step-by-step instructions for filing a peace or protective order in Maryland below:
- Go directly to a district court or, after hours, contact a Commissioner’s Office.
- Fill out a petition explaining what happened and why you need a peace or protective order.
- A judge or commissioner will review your petition, potentially issuing what is known as a Temporary Peace or Protective Order.
- A court hearing is then scheduled, usually in a few days.
Peace or protective orders can also be filed alongside a qualified attorney while also representing you in upcoming hearings.
What Happens at the Peace or Protective Order Hearing
Both the petitioner and the respondent will have a chance to speak regarding this matter at their scheduled hearing. Here, both sides can present evidence regarding their case, where the petitioner can explain why they are seeking this order. At this hearing, the petitioner can submit evidence, including supporting documentation such as photos, police reports, text messages, hospital records, or any other relevant information that explains why they require this order. Witnesses can also be called upon to support the petitioner.
A judge could then order what is known as a Final Peace Order or Final Protective Order. A Final Peace Order lasts for 6 months, while a Final Protective Order lasts for a year. A judge can determine whether or not a Final Peace or Protective Order needs to be extended, based on whether or not there is continued risk to the petitioner, prior to the expiration.
While the situation may seem simple at first, legal representation can help you carefully prepare evidence and ensure the process is free from error. Your attorney can guide you throughout the process and ensure everything is completed without error.
What To Do If You Were Served With a Peace or Protective Order
Respondents are served with a peace order, typically, on behalf of law enforcement. This is not to be confused with arrest, as respondents are not being formally charged with a crime, and as a result, are not under arrest. When you are served, you should carefully read every detail of the document and immediately follow what is outlined in the order. Do not, under any circumstances, reach out to the individual to “work things out.”
Instead, carefully review the restrictions included in the order. You do have a legal right to attend the final Peace or protective order hearing and present your side of the story.
If the petitioner reaches out to you, do not respond in any way. This is likely a violation of the order and results in a criminal charge against you. Should the petitioner call you, do not respond, as any contact made on your behalf is considered illegal as well.
Never attempt to contact the petitioner, and do not attempt to speak to them through a friend or acquaintance. This, too, could be considered a violation of the order and result in your arrest.
Can These Orders Be Changed, Extended, or Ended?
Yes.
Either party can request a modification of an existing peace or protective order. Further, each order can be extended for good cause, or it can be renewed if harassment continues. Should both parties wish to reconcile, the order must still be lifted in court; it is not automatic. The order will need to be formally lifted in court.
Frequently Asked Questions For Maryland Peace or Protective Orders
Find answers to common questions regarding peace or protective orders in the state of Maryland.
Do I need proof to get an order?
Yes.
Sometimes a simple statement on behalf of the victim is enough, but any evidence, including records of abuse, harassment, mistreatment, or violence, can be used as evidence to secure a peace or protective order. You will need to carefully prepare for any relevant hearings.
Can I get an order without police involvement?
Yes. You can petition the court directly without any involvement with law enforcement. Someone does not need to be arrested for a petitioner to seek out a protective or peace order.
Will this appear on my record?
Peace orders or protective orders could appear on background checks and are likely to be part of the public database within the Maryland court system. This information may be available to employers and could result in work-related consequences.
Peace or protective orders are not part of a criminal record, but such orders remain public information. There are options for record shielding, which is a topic that must be discussed directly with your attorney.
Do peace or protective orders impact child custody?
Sometimes, yes.
Protective orders can include details about child custody, ordering temporary custody to one parent or the other. Each case is unique, and the circumstances related to your order will dictate any impacts on the custody of your children.
Receive Legal Guidance Before Your Hearing
Should you be required to attend a hearing related to a peace or protective order, it would be in your best interests to speak with a qualified attorney well before the hearing. This hearing can have a significant impact on your housing situation, the custody of your children, your employment, and future legal cases. Being served with such an order may just be the beginning of your legal challenges, and you may be subject to a civil lawsuit or criminal charges in the future.
Jezic & Moyse remains highly capable of helping you navigate the complexities of these legal matters, offering sound legal representation for protective orders, domestic violence cases, criminal charges, and divorce matters. These orders are often part of a greater legal battle you could be facing.
Whatever the concern may be, early intervention on behalf of your attorney is essential to resolving these matters as quickly as possible.
Have more questions? Reach out directly to learn more about our role in such legal matters. Take part in a free, no-obligation consultation call to learn more about the legal options available. We often offer same-day consultations for emergency matters, helping you make sense of any peace or protective order concern you may have.
Legal representation remains well within your rights, where skilled attorneys with deep knowledge of Maryland law can help guide you throughout the legal process. Whether you need assistance filing an order or you have been recently served, we can help.
Contact Jezic & Moyse today to learn more.