Protective Orders - Frequently Asked Questions
Topics on this page
- Can I file the petition electronically?
- How long will the final protective order remain in place?
- Can I get a permanent protective order?
- What happens if the protective order is violated?
- Can you modify a protective order?
- Should I modify my protective order or should I get a new one?
- Can you rescind or terminate a protective order?
- Can I appeal a protective order?
- Can you extend a protective order?
- Can you get the same types of protection at each stage of the case?
- The circuit court issued a visitation order after my protective order. Which one do I have to follow?
- My protective order is from another state. Will Maryland enforce my protective order?
- I’m going to move out of state. Will another state enforce my Maryland protective order?
- Is a protective order a restraining order?
- Can the court issue mutual protective orders?
- Domestic Violence - A 6-Part Video Series (from the Maryland Courts)
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 Respondent 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
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?