Peace Orders

The Peace Order is a form of legal protection for anyone who is experiencing problems with an individual, including someone in a dating relationship, a neighbor, a stranger, or anyone else.

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Peace Order Generally

The Peace Order is a form of legal protection for anyone who is experiencing problems with an individual, including someone in a dating relationship, a neighbor, a stranger, or anyone else. The Peace Order enables an individual (Petitioner) who wishes to be left alone to ask the Court to order another individual (Respondent) to stay away and refrain from any contact with them. This article is a step-by-step guide.

Who can get a peace order?

An individual can only get a Peace Order against a person if they are NOT eligible to get a protective order against the person. A protective order applies in specific situations and includes certain family members, people living together, and current or former partners. 

Learn more about protective orders, including a complete list of persons covered by the Protective Order law.    

An individual can only get a Peace Order if they are a Maryland resident or if the act covered by the Peace Order law happened in Maryland. An employer can file on behalf of an employee if the employee is a Maryland resident.

 

Employers

An employer can file a petition for a peace order on behalf of an employee based on certain threats or acts of violence against that employee in the employer's workplace. In this situation, the employer is the Petitioner, and the employee is the "on behalf of" party. An employer must notify the employee before filing the petition for a peace order on their behalf. An employer cannot retaliate against an employee for not providing information or not testifying at a peace order proceeding.

 

What acts are covered by the Peace Order law?

Is there a time limit to file?

Yes. A petition for a peace order must be filed within 30 days of the act occurring.

Do I have to take an oath when filing for a Peace Order?

Yes. There is a misdemeanor penalty for knowingly providing false information. Conviction may result in a fine of up to $1,000 or a jail sentence of up to 90 days, or both.

Is there a filing fee?

Yes. There is a $46 filing fee and a $40 service fee. The Court may waive only the filing fee for indigent Petitioners.  For more information about filing fee waivers, visit the Maryland Judiciary's website.

How can I get protection under the law?

There is a two or three-step process that you must follow to obtain a Peace Order. The process is similar to that of a Protective Order, except that the District Court has sole jurisdiction to hear Peace Order cases. While you can seek relief without a lawyer, some courthouses may have advocates on-site who can assist you with filling out the forms. 

As you begin this process, prepare the following:

  • Take pictures of any visible injuries.
  • Get copies of any police reports.
  • Determine whether anyone saw the act in question, and ask that person to testify on your behalf.
  • If you have not already done so, talk to the police about filing criminal charges.

Read the Law: Md. Code, Courts & Judicial Proceedings § 3-1503

Interim Peace Order - Obtaining immediate protection when the courts are closed

When the District Court is closed, you may file a Petition for Peace Order with the District Court Commissioner’s office. Commissioner offices are open and available 24 hours a day, 7 days a week around the state. Petitioner 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 is on the District Court website.

Step 1: Fill out the Petition

At the Commissioner’s office, Petitioner will be asked to fill out a form, called a Petition. On this form, Petitioner will list the reasons why they are seeking protection. It is important to list:

  • every example of physical abuse and threats; 
  • the history of harm or harassment caused by the Respondent; 
  • any previous or pending actions between Petitioner and the Respondent; and 
  • the relief Petitioner is seeking. 

After completing the Petition, it will be filed with the Commissioner to begin the case.

Step 2: Appear before a Commissioner

Petitioner will appear before a Commissioner to explain their reasons for seeking relief. As the person seeking relief, Petitioner has the burden of proof by “reasonable grounds” to establish that an act or incident occurred between Petitioner and Respondent. As such, it is important that Petitioner disclose any proof of abuse and/or harassment they may have, including pictures, police reports, medical records, witnesses, etc.

Step 3: Obtain Interim Peace Order from the Commissioner 

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

  • order the Respondent to refrain from committing or threatening to commit an act against Petitioner;
  • order the Respondent to refrain from contacting, attempting to contact, or harassing Petitioner;
  • order the Respondent to refrain from entering Petitioner’s residence; and/or
  • order the Respondent to remain away from Petitioner’s job, school, or temporary home.

Step 4: Serve the Respondent with the Interim Peace Order 

The Commissioner will forward the Interim Peace Order to law enforcement as well as the District Court. Then, a law enforcement officer will immediately serve the Respondent with a copy of the Interim Peace Order. The Interim Peace Order will state:

  • the day, time, and location of a hearing for a Temporary Peace Order; and
  • the tentative day, time and location of a hearing for a Final Peace Order.

The Interim Peace Order expires at the end of the second business day after issuance or, if the District Court is closed on that day, the next day the District Court is open.

Step 5: Extend protections of the Interim Peace Order

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

Read the Law: Md. Code, Courts & Judicial Proceedings § 3-1503

 

Temporary Peace Order - Obtaining immediate protection during court business hours

Step 1: Petitioner should go to the District Court in their county

Normal business hours for the District Court are Monday through Friday, between 8:30 a.m. and 4:30 p.m. When Petitioner arrives at Court, they should tell the Clerk of the Court that they want to file a Petition for Peace Order.  

NOTE: If there is an Interim Peace Order, another petition does not need to be filed. Instead, review the interim protective order to find the day, time, and location of the next hearing. Be on time to court and find the assigned courtroom where the temporary protective order hearing has been scheduled. Each party should check in with the bailiff or courtroom clerk. Wait for the case to be called . Skip to “3 below: Appear before a Judge.” 

Step 2: File a Petition for a Peace Order

The Clerk will provide a Petition to complete. On this form, Petitioner will list the reasons why they are seeking protection. It is important to list:

  • every example of physical abuse and threats; 
  • the history of harm or harassment caused by the Respondent; 
  • any previous or pending actions between Petitioner and the Respondent; and 
  • the relief Petitioner is seeking. 

After completing the Petition, it will be filed with the Clerk of Court to begin the case.

Step 3: Appear before a Judge 

Petitioner will appear before a Judge to explain the reasons for seeking relief. As the person seeking relief, Petitioner holds the burden of proof by “reasonable grounds” to establish that an act or incident occurred between Petitioner and the Respondent. As such, it is important that Petitioner disclose any proof of abuse or harassment they may have, including, pictures, police reports, medical records, witnesses, etc. Unlike a Protective Order, the Judge must also find it likely that the Respondent will commit a similar act in the future.

NOTE: If Petitioner filed an Interim Peace Order, the Commissioner’s decision to grant or deny any relief is not binding on the Judge who will hear the Temporary Peace Order hearing.

Step 4: Obtain Temporary Peace Order 

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

  • order the Respondent to refrain from committing or threatening to commit an act against Petitioner;
  • order the Respondent to refrain from contacting, attempting to contact, or harassing Petitioner;
  • order the Respondent to refrain from entering Petitioner’s residence; and
  • order the Respondent to remain away from your job, school, or temporary home.

NOTE: If the Respondent appears in court for the Temporary Peace Order hearing after having been served with an Interim Peace Order, the Court may proceed with a Final Peace Order hearing. The Court must have personal jurisdiction over the Respondent and the parties must consent to waive the Temporary Peace Order hearing. See Step #3: Final Peace Order: Obtaining long-term protection.”

Step 5: Serve the Respondent with the Temporary Peace Order 

The Court will immediately forward the Temporary Peace Order to law enforcement to locate and serve the Respondent with a copy of the order. The Temporary Peace Order will state the day, time, and location of a final hearing for a Final Peace Order.
The Temporary Peace Order remains in effect for not more than 7 days after law enforcement has served the Respondent a copy of the order. If the court is closed on the day the order is due to expire, the order remains in effect until the second day on which the Court is open. The Judge may extend the order, as needed, up to 30 days to serve the Respondent or for good cause.

Step 6: Extend protections of the Temporary  Peace Order

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

Read the Law: Md. Code, Courts & Judicial Proceedings § 3-1504

 

Final Peace Order – Obtaining long-term protection

Step 1: Attend the Final Peace Order hearing

At the Final Peace Order hearing, if the Respondent has been served with a copy of the Temporary Peace Order, but fails to appear for the hearing, you can ask the Judge to enter a Peace Order against the Respondent – this is called a Default Order.

If the Respondent is present at the hearing, the Respondent may or may not be represented by a lawyer. When the case is called, both Petitioner and Respondent will have a chance to tell the Judge what happened. This is a formal hearing, and the rules of evidence apply. As the person seeking relief, Petitioner has the burden of proof by “a preponderance of the evidence.” (This means "more likely than not.") 

The Judge who hears the case may not be the same Judge that presided over the Temporary Peace Order hearing. So, it is important that Petitioner repeat all the reasons why they are seeking relief, this includes submitting into evidence any documentation of the act or incident (e.g., police report, hospital records, photographs, etc.) and calling witnesses on your behalf. 

The Respondent, or their lawyer, can ask Petitioner questions in cross-examination. Respondent will have an opportunity to try and disprove Petitioner’s case. At the conclusion of the hearing, the Judge will decide whether an act occurred AND whether it is likely that the Respondent will commit a similar act in the future.

Step 2:Obtain Final Peace Order

If the Judge finds in Petitioner’s favor, the Judge may order one (or all) of the following:

  • order the Respondent to refrain from committing or threatening to commit an act against Petitioner;
  • order the Respondent to refrain from contacting, attempting to contact, or harassing Petitioner;
  • order the Respondent to refrain from entering Petitioner’s residence;
  • order the Respondent to remain away from Petitioner’s job, school, or temporary home;
  • Direct the Respondent to participate in a counseling program and, if the parties are amendable, mediation; and
  • Order either party to pay the filing fee and costs associated with the proceeding.

Petitioner and Respondent will each receive a copy of the Peace Order at the time of the hearing. If the Respondent fails to appear, the court will mail them a copy of the Peace Order via first-class mail. 

The Final Peace Order is effective for the period stated in the order, not to exceed 6 months.

Read the Law: Md. Code, Courts & Judicial Proceedings § 3-1505

Mutual Peace Orders

The Judge may issue a mutual Final Peace Order if both parties filed a Petition for Peace Order, and the Judge makes a detailed finding of fact, by a preponderance of the evidence (meaning "more likely than not"), that:

  • both parties committed an act; and
  • both parties are likely to commit an act of abuse in the future as described by the statute.

Step 3: Extending a Final Peace Order

After a hearing and good cause shown, the Court may extend the length of a Peace Order by six 6 months. The form to request an extension is available on the Maryland Courts website.

 

What to do if the Peace Order is Violated

If the Respondent does not follow the terms of the Final Peace Order, Petitioner should call the police immediately to report the Respondent’s actions. If the Respondent does not follow the Peace Order, the Respondent may be found guilty of a misdemeanor and be subject to a fine of up to $1,000 or a jail sentence of up to 90 days. The penalties are increased for a second and subsequent offense of violating the Peace Order.

Read the Law: Md. Code, Courts & Judicial Proceedings §§ 3-1507, 3-1508

 

Peace Orders - A 3-Part Series from the Maryland Courts

These videos detail the court process involved in obtaining a Peace Order. They explain the relationships that qualify for a Peace Order case and the steps and forms involved. There’s also information for people who have been served with a Peace Order.

Can I Get a Peace Order?

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How to Get a Peace Order?

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Have You Been Served with a Peace Order?

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Source
Edited and updated by Karen Robbins, Esq., Maryland State Bar Association, Section on Family and Juvenile Law; Sara A. Magette, Esq.; PLL Contributors.