Protective Orders - Frequently Asked Questions

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Can I file the petition electronically?

A petitioner may electronically file a petition from the following locations:

  • domestic violence prevention/assistance program
  • sexual assault prevention/assistance program
  • human trafficking prevention/ assistance program
  • child advocacy center
  • vulnerable adult program
  • hospital where the petitioner is receiving medical treatment
  • another location approved by the court

After receiving an e-filed petition, the court should hold a hearing by video conference on the same business day if the petition is filed during regular court hours. If the petition is filed after court hours, the hearing should be held the next business day the court is open. 

Program staff can find more information on the Maryland Courts website. To request access to the page please contact your local clerk's office.

Read the law: Md. Code, Family Law § 4-505.1

How long will the final protective order remain in place?

The final protective order will state the effective period for the protective order. Generally, the protective order cannot exceed one year. If the other party consents, the protective order can be effective for two years. There are some circumstances under which the order may become permanent (see the next question). 

It is important to know when the protective order has expired. Maryland police and courts cannot enforce an expired protective order. 

Read the Law: Md. Code, Family Law § 4-506

Can I get a permanent protective order?

After an interim, temporary, or final protective order has been issued against an individual, a permanent protective order can be issued against the individual in the following circumstances: 

  • the individual was convicted and sentenced to serve a term of imprisonment of at least 5 years for the act of abuse that led to the issuance of the protective order AND the individual has served at least 12 months of the sentence; OR 
  • during the term of the protective order, the individual committed an act of abuse against the person eligible for relief AND the individual was convicted and sentenced to serve a term of imprisonment of at least 5 years for the act AND has served at least 12 months of the sentence. 

The victim of the act of abuse described above must be the person eligible for relief in the interim, temporary, or final protective order. 
 
The protective order remains permanent until the victim requests that the court terminate the protective order.  

The court form is available online through the Maryland Courts website. You can also get a paper from the clerk’s office. 

Read the Law: Md. Code, Family Law § 4-506

What happens if the protective order is violated? 

If the respondent continues to harass you or contacts you, you should call the police immediately. If the respondent does not follow the order, the respondent may be found guilty of a misdemeanor and can be subject to a fine of up to $500 or a jail sentence of up to 90 days. The penalties are increased for a second and subsequent offense of violating the Protective Order.  

If the respondent violates the Protective Order by failing to pay the required Emergency Family Maintenance, you may consider filing in court for contempt. If you file for contempt, there will be a contempt hearing, and the respondent will be ordered to pay what he/she owes you in Emergency Family Maintenance if the Judge finds that the respondent has violated the terms of the Order. The Judge also has the authority to order an immediate and continuing wage withholding order. 

Learn more about enforcing orders.

Read the Law: Md. Code, Family Law §§ 4-508, 4-509 

Can you modify a protective order? 

Yes, you can ask the court to modify a protective order. Notice must be given to all affected persons eligible for relief and the respondent. A hearing is required.  

The court form is available online through the Maryland Courts website. You can also get a paper from the clerk’s office. 

Read the law: Md. Code, Family Law Article § 4-507 

Should I modify my protective order or should I get a new one? 

Whether you should modify your existing protective order or seek a new protective order depends on the specific facts and circumstances of your situation. It’s a good idea to talk to an attorney. 

Learn more about getting help from a legal professional. 

Can you rescind or terminate a protective order? 

Yes, you can ask the court to rescind a protective order. Notice must be given to all affected persons eligible for relief and the respondent. A hearing is also required.

The court form is available online through the Maryland Courts website. You can also get a paper from the clerk’s office. 

Read the law: Md. Code, Family Law Article § 4-507 

Can I appeal a protective order? 

Yes. If a District Court granted or denied the protective order, then the decision can be appealed to the circuit court in the county where the District Court is located. Appeals to the circuit court are heard de novo (meaning a new trial).

If a circuit court granted or denied the protection, then the decision can be appealed to the Appellate Court of Maryland (formerly the Court of Special Appeals).

Read the law: Md. Code, Family Law Article § 4-507 

Can you extend a protective order? 

The Court may extend the length of a Protective Order under certain circumstances. 

After a hearing and good cause shown, you may extend the length of a Protective Order by 6 months. The standard of “good cause shown” is entirely up to the judge's discretion. There is persuasive case law from other states that suggests what might be considered “good cause,” but Maryland law does not define “good cause” specifically.

If the respondent abuses you while the Protective Order is in effect, you can seek to extend the order for up to 2 years. 

If the respondent abuses you again within 1 year of the expiration of a Protective Order and the prior Protective Order was valid for at least 6 months, the Court may award you a 2-year Protective Order. 

The Court may not, however, add any relief that was not previously awarded.  

The court form is available on the Maryland Courts website. You can also get a paper from the clerk’s office. 

Read the Law: Md. Code, Family Law Article §§ 4-506, 4-507

Can you get the same types of protection at each stage of the case?

Not exactly. There are some differences in the types of protection you can get at each stage of the case. Judges have the power to order different kinds of relief depending on whether it is an interim order, a temporary order, or a final order. Learn more.

Also, be aware that there is a difference in how long each order remains in effect. Interim orders generally expire at the end of the second business day after issuance or at the temporary protective order hearing, whichever is earliest. Temporary protective orders generally remain in effect not more than 7 days, although the judge can extend this, as needed, up to 6 months to serve the abuser or for good cause. A final protective order generally remains in effect up to 1 year and can be extended up to 2 years.

Read the Law: Md. Code, Family Law § 4-504.1,§ 4-505, § 4-506

The circuit court issued a custody and visitation order after my protective order. Which one do I have to follow? 

A later circuit court order pertaining to any of the provisions included in the final protective order, such as custody, visitation, use and possession, and Emergency Family Maintenance, supersedes those provisions in the final protective order.

Read the Law: Md. Code, Family Law § 4-506

My protective order is from another state. Will Maryland enforce my protective order? 

Yes, Maryland will enforce an order of protection issued by a court of another state or a Native American tribe. However, Maryland enforces the out-of-state or foreign protective order only to the extent that the relief granted in the order is permitted under § 4-506 of the Family Law Article of the Maryland Code. Some states offer forms of relief that are not available in Maryland, and only those forms of relief that are available under Maryland law will be enforced. 

This is not a requirement, but you can register your out-of-state order for protection with the District Court or circuit court. 

The court form is available on the Maryland courts website.  

Read the law: Md. Code, Family Law Article § 4-508.1

I’m going to move out of state. Will another state enforce my Maryland protective order? 

Yes. The federal Violence Against Women Act and the full faith and credit clause of the U.S. Constitution provides for valid Maryland protective orders to be enforceable in other states. Make sure you check the other state’s laws as there may be limitations or additional requirements. 

Learn more about enforcement of out of state protective orders. 

Is a protective order a restraining order?

The legal terms are not always the same across states. Another state may refer to a protective order as a restraining order. In Maryland, the term “protective order” is used.

Can the court issue mutual protective orders?

The court can only issue an order to the person who has filed a petition. Thus, mutual orders are only available if both parties have filed for a protective order. If that's the case, then the court can issue mutual orders if the courts finds, by a preponderance of the evidence (i.e., more likely than not) that mutual abuse has occurred, both parties acted as primary aggressors, and neither party acted primarily in self-defense.

Read the law: Md. Code, Family Law § 4-506

Code, Criminal Law § 3-803. 

Am I eligible for a protective order?

To be eligible for a protective order, you must fall into one of these categories:

  • A current or former spouse of the abuser (also called the Respondent);
  • A cohabitant of an abuser;
  • A person related to to the respondent by blood, marriage, or adoption;
  • A parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides (or resided) with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition;
  • A vulnerable adult;
  • A person who has a child in common with the respondent;
  • A person who had a sexual relationship with the abuser within 1 year before filing for relief; or
  • A person who alleges that within 6 months before the filing of the petition, the respondent committed rape or a sexual offense or attempted rape or sexual offense.

For more detail about these eligibility requirements, read Details on Who is Eligible for a Protective Order.

**If you do not qualify for a protective order under one of these categories, you may still be able to file for a peace order.** 

Read the law: Md. Code, Family Law § 4-501 

How can I get protection under the law?

There is a two or three-step process that you must follow to obtain a domestic violence Protective Order against your abuser. Some courts may have advocates on-site who can help you fill out the forms. While you can do this without a lawyer, consider contacting your local domestic violence agency for advice and counseling. Free or reduced fee legal representation may also be available through these agencies. In addition, domestic violence agencies may have shelters in your area to house you and your children to keep you safe through this process. (Click here for a list of domestic violence shelters.)

As you begin this process, if applicable, do the following:

  • Take pictures of any visible bruises.
  • Get copies of any police reports.
  • Determine whether anyone saw the abuse and ask that person to testify on your behalf.
  • If you have not already done so, talk to the police about filing criminal charges.
  • If you are seeking financial relief (also known as Emergency Family Maintenance), get copies of your most recent pay stubs, living expenses (mortgage, lease, utilities, car insurance, car payment, daycare, etc.) and any income (pay stubs) or bank information you may have regarding the abuser.

 

Step #1:  Interim Protective Order: Obtaining immediate protection when the courts are closed

When the Courts are closed, a victim of domestic violence (also known as a Petitioner) may file Petition for Protection from Domestic Violence (Petition) with the District Court Commissioner’s office. Commissioner’s offices are open and available 24 hours a day, 7 days a week around the state. A victim of domestic violence can access a Commissioner either by going to any on-duty Commissioner’s office or by telephoning an on-call Commissioner. Contact information for the Commissioners can be found on the District Court website.

1: Fill out the Petition at the office of the District Court Commissioner in your county.

At the Commissioner’s office, you will be asked to fill out a form, called a Petition. On this form, you will list the reasons why you are seeking protection from abuse. It is important to list every example of physical abuse and threats; the history of abuse; all pending or previous court actions between the parties; and the relief you are seeking. If necessary, you may also write on an additional sheet of paper and attach it to the Petition. If the abuser is responsible for providing you or a person eligible for relief financial support, you must request Emergency Family Maintenance on the Petition (you will need to support this request by submitting financial documentation at the time of the Final Protective Order hearing). 

If you are worried about your abuser learning your whereabouts, your address does not need to be disclosed on the Petition – you may provide an alternate address or simply ask that your address be kept confidential.

2: You will see a Commissioner.

After submitting the Petition, you will appear before a Commissioner to explain your reasons for seeking relief. As the person seeking relief, you hold the burden of proof by “reasonable grounds.” As such, it is important that you disclose any proof of abuse you may have, including, pictures, police reports, medical records, witnesses, etc.

3: What relief may the Commissioner order?

Depending on your specific circumstances, the Commissioner may order as relief any (or all) of the following:

  • Order the abuser to stop abusing or threatening you;
  • Order the abuser to stay away from you and to not try to contact you or harass you at your home, school, job, the place where you may be staying, from your children’s school(s), and from your family members’ homes;
  • Order the abuser to stay out of your home;
  • If you and the abuser are married and were living together at the time of the abuse:
    • order the abuser to leave the home where the two of you live; and
    • award temporary custody of any children that you have with the abuser;
  • If you are NOT married to the abuser, but were living together at the time of the abuse AND your name is on the lease or deed for the home, the court can order the abuser to leave the home;
  • If you are not married to the abuser and you lived with the abuser for at least ninety (90) days within the past year, the court can order the abuser to leave the home;
  • Award temporary possession of any pet of the Petitioner or the abuser; or
  • Any other relief that a commissioner determines to be necessary to protect you from abuse.

4: Contents and notice requirements of an Interim Protective Order. 

The Commissioner will forward the Interim Protective Order to law enforcement and the District Court. A law enforcement officer will then immediately serve the person you allege as the abuser with a copy of the Interim Protective Order. The Interim Protective Order will state:

  • The day, time, and location of another hearing for a Temporary Protective Order; and
  • The tentative day, time, and location of a final hearing for a Final Protective Order.

5:  How long will the Interim Protective Order remain in effect?

The Interim Protective Order expires at the end of the second business day after issuance or at the Temporary Protective Order hearing, whichever is the earliest. If the court is closed on the day the order is due to expire, the order remains in effect until the District or Circuit Court holds a Temporary Protective Order hearing.

6: Temporary Protective Order Hearing.

You must attend a Temporary Protective Order hearing to extend the length and scope of protection contained in the Interim Protective Order. If the other side has not received a copy (i.e., been served), the Court will issue a Temporary Protective Order and serve the abuser with notice of the final hearing.

Read the Law: Md. Code, Family Law § 4-504 and 4-504.1

 

Step #2:  Temporary Protective Order: Obtaining immediate protection during court business hours

1: Go to the District or Circuit Court in your county.

Normal business hours for Court are Monday through Friday, between 8:30 a.m. and 4:30 p.m. When you arrive at court, tell the Clerk of the Court (Clerk) that you want to file a Petition for Protection from Domestic Violence (Petition). The abuser does not have to go to court with you.

NOTE: If you have an Interim Protective Order, you do not need to see the Clerk. Instead, take a seat in the assigned courtroom and wait for your case to be called because you already have a scheduled hearing. Skip to “4 below: You will see a Judge.” 

NOTE: Petitioners can file electronically in some circumstances. For more information please see the article on Protective Orders - Frequently Asked Questions.

2: The Clerk will give you Petition to complete.

On this form, you will list the reasons why you are seeking protection from abuse. It is important to list every example of physical abuse and threats; the history of abuse; and the relief you are seeking. If necessary, you may also write on an additional sheet of paper and attach it to the Petition. If the abuser is responsible for providing you or a person eligible for relief financial support, you must request Emergency Family Maintenance on the Petition (you will need to support this request by submitting financial documentation at the time of the Final Protective Order hearing). 

If you are worried about your abuser learning your whereabouts, your address does not need to be disclosed on the Petition – you may provide an alternate address or simply ask that your address be kept confidential.

NOTE: Unlike many other pleadings one might file, a petition for protection, along with a protective order addendum form, is all that you need to start this case. There is no filing fee.

3: In which court (District or Circuit) should I file the Petition in?

On the Petition, there will be a question asking whether there are any previous or pending court cases between yourself, the person you want protection for and the abuser. This includes paternity, child support, divorce, custody, domestic violence, juvenile matter, or criminal cases. If you reply “yes,” your case may be heard before a Circuit Court Judge or Family Magistrate. In some circumstances, the District Court will, on its own initiative, transfer the case to the Circuit Court for further handling.

NOTE: When deciding whether to file in the Circuit Court or the District Court, you may want to consider that you are guaranteed a right to appeal from District Court to the Circuit Court if you start in the District Court and are not successful for any reason. This would be a de novo appeal, meaning that there would be a new trial in the Circuit Court at which new evidence may be presented and new determinations are made. If you start in the Circuit Court and are not successful, it is much more difficult to appeal. 

4: You will see a Judge.  

Whether you received an Interim Protective Order or are submitting a Petition for the first time, you will appear before a Judge to explain your reasons for seeking relief. As the person seeking relief, you hold the burden of proof by “reasonable grounds.”  As such, it is important that you disclose any proof of abuse you may have, including pictures, police reports, medical records, witnesses, etc.

NOTE:  If you filed an Interim Protective Order, the Commissioner’s decision to grant or deny any relief is not binding on the Judge who will hear your case for a Temporary Protective Order.

5: What relief may the Judge order?

Depending on your specific circumstances, the Judge may order as relief any (or all) of the following:

  • Order the abuser to stop abusing or threatening you;
  • Order the abuser to stay away from you and to not try to contact you or harass you at your home, school, job, the place where you may be staying, from your children’s school(s), and from your family members’ homes;
  • Order the abuser to stay out of your home;
  • If you and the abuser are married and were living together at the time of the abuse:
    • order the abuser to leave the home where the two of you live; and
    • award temporary custody of any children that you have with the abuser;
  • If you are NOT married to the abuser, but were living together at the time of the abuse AND your name is on the lease or deed for the home, the court can order the abuser to leave the home;
  • If you are not married to the abuser and you lived with the abuser for at least ninety (90) days within the past year, the court can order the abuser to leave the home;
  • Award temporary possession of any pet of the Petitioner or the abuser;
  • Order the abuser to surrender any firearm to law enforcement authorities in the abuser’s possession, provided the abuser caused or threatened to cause serious bodily injury or, used or threatened to use a firearm against you;
  • Any other relief that a judge determines to be necessary to protect you from abuse.

NOTE: For temporary or final protective orders, the judge can order “no contact,” which is exactly like it sounds – your abuser cannot contact you for any reason. The judge can also order “no abuse,” or “no abusive contact,” which means that your abuser cannot abuse you, but could contact you for other purposes.

Sometimes, “no contact” language is necessary, even in situations where you share children with the respondent, even if you must or are trying to co-parent children. However, if you do not want language as extreme as “no contact,” consider request language that says, “no contact, except for the purposes of facilitating any custodial exchanges.” This allows for communication about the children, but maintains the “no contact” language, which may provide more protection than “no abuse” or “no abusive contact.”
 

6: What happens if the abuser appears in court for the Temporary Protective Order hearing after having been served with an Interim Protective Order?

The Court may proceed with a Final Protective Order hearing provided that the Court has personal jurisdiction over the abuser and the parties expressly consent to waive the Temporary Protective Order hearing. See Step #3: Final Protective Order: Obtaining long-term protection.”

7: Contents and notice requirements of a Temporary Protective Order. 

The Court will immediately forward the Temporary Protective Order to law enforcement to locate and serve the person you allege as the abuser with a copy of the order. The Temporary Protective Order will state the day, time, and location of a final hearing for a Final Protective Order.

8: How long will the Temporary Protective Order remain in effect?

The Temporary Protective Order remains in effect for not more than 7 days after law enforcement has given the abuser a copy of the order (i.e., service).  If the Court is closed on the day the order is due to expire, the order remains in effect until the court holds a Final Protective Order hearing. The Judge may extend the order, as needed, up to 6 months to serve the abuser with the order or for good cause.

9: Final Protective Order hearing.

You must attend a Final Protective Order hearing to extend the length and scope of protection contained in the Temporary Protective Order.  The Judge will schedule another hearing that will be held in 1 week. 

Read the Law: Md Code., Family Law § 4-505

 

Step #3:  Final Protective Order – obtaining long-term protection

1: Final Protective Order hearing.

At the Final Protection Order hearing, if the abuser has been served with a copy of the Temporary Protective Order but fails to appear for the hearing, you should ask the Judge to enter an order of protection against the abuser – this is called a Default Order.

If your abuser is present at the hearing, the abuser may or may not be represented by a lawyer. When the case is called, both you and your abuser will have a chance to tell the Judge what happened that led you to file the Petition.  This is a formal hearing and the rules of evidence apply.

As the person seeking relief, you hold the burden of proof by “preponderance of the evidence,” to show more likely than not that the abuse occurred and you are eligible for relief. Please note that the Judge who hears the case may not be the same Judge as the one who presided over the Temporary Protective Order hearing, so it is important that you repeat all the reasons why you are seeking relief, this includes submitting into evidence any documentation of abuse (police report, hospital records, photographs, etc.) and calling witnesses on your behalf. If you are afraid of the abuser, have safety concerns for yourself or children or if the abuser has attempted to contact you within the past week (under the protection of a Temporary Protective Order), you must let the judge know. It is also important to present documentation and discuss reasons why you may need financial assistance during the pendency of the Final Protective Order.

Be aware that the abuser or the lawyer will ask you questions in cross-examination and will have an opportunity to disprove your case. Do not be surprised or upset if the abuser lies about what happened. At the conclusion of the hearing, the Judge will decide whether or not the abuse occurred.  

2: What the Judge Can Order.

If the Judge finds that the abuse did occur, the Judge may order one (or all) of the following for up to 1 year:

  • Order the abuser to stop abusing or threatening to abuse you;
  • Order the abuser to stay away from you and to not try to contact you or harass you;
  • Order the abuser to stay out of your home;
  • If you are married to the abuser AND you were living together at the time of the abuse, the court can order the abuser to leave the home where the two of you live;
  • If you are not married to the abuser, but were living together at the time of the abuse AND your name is on the lease or deed for the home OR you lived with the abuser for at least ninety (90) days within the past year, the court can order the abuser to leave the home;
  • Order the abuser to stay away from your job, your school, the place where you may be staying, from your children’s school(s), and from your family members’ homes;
  • Order that you be given temporary custody of any children that you have with the abuser (including the use of reasonable and necessary force to return the minor child to the custodial parent) and, depending on safety considerations, the Judge may condition or restrict visitation;
  • Order that you be given temporary custody of any pets you own with the abuser;
  • If you are married, order the abuser to pay money to help support you during the order;
  • If you have children with the abuser, order the abuser to pay support for the children;
  • If you own a car with the abuser, the court may order that you have sole use of the car for the period of the order (you must tell the judge that the car is necessary in order to get you to work or to transport a child);
  • Order the abuser or you to participate in a counseling program (domestic violence and/or drug/alcohol);
  • Order the abuser to surrender firearms;
  • Order the abuser to stay away from a child care location; or
  • Any other relief that a judge determines to be necessary to protect you from abuse.

You and the abuser will each receive a copy of the Protective Order at the time of the hearing. If the abuser fails to appear, the Court will mail the abuser a copy of the Protective Order via first-class mail. Keep a copy of the order with you at all times.

3: Mutual orders of protection.

The Judge may issue a mutual Final Protective Order provided the Judge makes a detailed finding of fact that:

  • Both parties acted primarily as aggressors; and
  • Neither party acted primarily in self-defense.

Read the Law: Md Code., Family Law § 4-506

 

Domestic Violence - A 6-Part Series from the Maryland Courts

These videos cover who qualifies for a protective order, how to ask for one, what happens at the hearings and more.

Part 1: Can I Get a Protective Order?

Part 2: Protective Order Safeguards

Part 3: How to File for a Protective Order

Part 4: Did You Get Served with a Protective Order?

Part 5: Protective Order Hearings

Part 6: Enforcing or Changing a Protective Order

Source
Web Services Librarian; updated by Sara A. Magette, Esq.
Source URL: https://dev.peoples-law.org/protective-orders-frequently-asked-questions

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  46. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=4-506
  47. http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=3-803
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  58. http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=4-506
  59. https://mdcourts.gov/reference/dvenglishvideolibrary
  60. https://mdcourts.gov/video/courthelp/get-protective-order
  61. https://mdcourts.gov/video/courthelp/protective-order-safeguards
  62. https://mdcourts.gov/video/courthelp/file-protective-order
  63. https://mdcourts.gov/video/courthelp/served-protective-order
  64. https://mdcourts.gov/video/courthelp/protective-order-hearings
  65. https://mdcourts.gov/video/courthelp/changing-protective-order