Details on Who Is Eligible for a Protective Order
Under Maryland law, you are eligible for a protective order if you are:
1. The current or former spouse of the Respondent
- The "Respondent" is the alleged abuser and the person against whom you are filing the protective order.
- You do not have to be living together with the Respondent.
- A former spouse is eligible regardless of how long the abused person and the batterer have been separated or divorced. You continue to be eligible for relief whether or not you or your former spouse have a new/different spouse.
2. A cohabitant of the Respondent
- The "Respondent" is the alleged abuser and the person against whom you are filing the protective order.
- “Cohabitant” means a person who has had a sexual relationship with the Respondent and lived with the Respondent, in the home, for a period of at least 90 days within 1 year before the filing of the petition.
- The 90 days do not have to be consecutive (it does not need to be 90 days in a row). For example, the couple may have lived together for 30 days in September, 30 days in December, and then 30 days in July.
- The 90 days within one year condition applies only to the requirement of living together. There is no requirement that the batterer and the person eligible for relief have had a sexual relationship for 90 days within 1 year.
- The cohabitant and the Respondent can be of the same sex.
3. A person related to the Respondent by blood, marriage, or adoption
- The "Respondent" is the alleged abuser and the person against whom you are filing the protective order.
- For example, if you are a son, daughter, niece, or nephew you may be eligible for legal protection.
4. A parent, step-parent, child or step-child 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
- The "Respondent" is the alleged abuser and the person against whom you are filing the protective order.
- This section is similar to the Cohabitant relationship. A step-child of a batterer may be eligible for relief if they have resided with the batterer for at least 90 days in a 1 year period.
5. A vulnerable adult
- A vulnerable adult does not have the necessary mental or physical capacity to provide for their own daily needs.
6. A person who has a child in common with the Respondent
- There is no requirement for marriage or cohabitation.
- You and the Respondent do not have to have been living together at the time of the abuse.
7. A person who has had a sexual relationship with the Respondent within 1 year before the filing of the petition.
8. 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.
- The "Respondent" is the alleged abuser and the person against whom you are filing the protective order.
Read the law: Md. Code Family Law § 4-501
If you are not eligible for a protective order, learn about peace orders.
Domestic Violence Part 1: Can I Get a Protective Order? from the Maryland Courts