Protection From Threats of Violence Using Protective Orders and Peace Orders

If you are experiencing domestic violence, abuse, threats, harassment or stalking in Maryland, you may need to seek protection from the court in the form of either a protective order or peace order.  Protective orders and peace orders are civil orders issued by a judge that order a person to refrain from certain acts against others.  The relationship between the petitioner (the person seeking protection) and the respondent (the person alleged to have committed the prohibited act) ultimately determines whether a protective order petition or peace order petition should be filed.

A protective order should be filed in cases involving domestic / familial or intimate relationships such as (1) current or former spouses; (2) individuals who have been in an intimate relationship and have lived together for at least 90 days within the last year; (3) individuals related by blood, marriage, or adoption; (4) individuals who have a child together; (5) parents and children; and (6) vulnerable adults.  You may also file a protective order on behalf of a minor child or vulnerable adult.

The grounds for a protective order include (1) an act that caused serious bodily harm; (2) an act that placed the petitioner in serious bodily harm; (3) assault in any degree; (4) rape or sexual offense; (5) attempted rape or sexual offense; (6) criminal stalking; (7) revenge porn; or (5) false imprisonment.

Protective orders last for up to one year but may be extended up to two years and even become permanent.  Protective order petitions may be filed in either District Court or Circuit Court.  If the courthouses are closed, the Court Commissioner will handle the initial hearing.

A peace order should be filed in cases in which the parties do not have any domestic / familial or intimate relationship such as (1) neighbors; (2) co-workers; (3) friends; (4) roommates (with no intimate relationship); or (5) any individuals who do not qualify to file for a protective order.

The grounds for a peace order include (1) an act that causes serious bodily harm; (2) an act that places the petitioner or the petitioner’s employee in fear of imminent serious bodily harm; (3) assault in any degree; (4) false imprisonment; (v) harassment; (6) stalking; (7) trespass; (8) malicious destruction of property; (9) misuse of telephone facilities and equipment; (10) misuse of electronic communication or interactive computer service; (11) revenge porn; or (12) visual surveillance.

Peace orders last up to 6 months and may be extended up to one year.  Peace order petitions may be filed in District Court.  If the courthouse is closed, the Court Commissioner will handle the initial hearing.