Protective Orders - Frequently Asked Questions

This article addresses frequently asked question for protective orders.

Topics on this page

 

Can Petitioner file electronically?

Generally speaking, a Petitioner should file a petition for a protective order in person. Sometimes a Petitioner may not have easy access to a courthouse. A Petitioner may electronically file a petition for a temporary protective order from:

  • 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 will hold a hearing by video conference. The hearing should be held 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 1 year. However, there are certain situations in which the court may issue a final protective order effective for 2 years. The court may issue a final protective order effective for 2 years if:

  1. a final protective order was previously issued against the Respondent for on behalf of the Petitioner; and, 
  2. the Respondent committed an act of abuse against the Petitioner within 1 year of the date the prior protective order was issued.

The court can also issue a final protective order effective for 2 years if a prior final protective order was issued and the Respondent consents to the 2 year duration.

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 Petitioner get a permanent protective order?

A permanent protective order may be issued against an individual if:

  • A protective order (interim, temporary, or final) has already been issued against them, and
  • One of the following conditions is met:
    1. The individual was convicted of the act of abuse that led to the protective order, sentenced to at least 5 years in prison, and has served at least 12 months of that sentence OR
    2. While the protective order was in effect, the individual committed another act of abuse against the same victim, was convicted, sentenced to at least 5 years in prison, and has served at least 12 months of that sentence.

The victim of the abuse must be the same person named in the original protective order.

Once issued, the permanent protective order remains in effect indefinitely unless the victim requests the court to terminate it.
 

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 violates the terms of the protective order, by continuing to harass Petitioner or contacts Petitioner, Petitioner should call the police immediately. If the Respondent is found to have violated the protective 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, Petitioiner may consider filing in court for contempt. If Petitioner files for contempt, there will be a contempt hearing and, if the Judge finds that the Respondent has violated the terms of the Order, the Respondent will be ordered to pay what they owe in Emergency Family Maintenance 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 the court modify a protective order? 

Yes, the court to modify a protective order at the request of a party. Notice of the request for modification 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 

Can Petitioner modify a protective order or should they get a new one? 

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

Learn more about getting help from a legal professional. 

Can Petitioner rescind or terminate a protective order? 

Yes, Petitioner 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 a party appeal a protective order? 

Yes. If a District Court granted or denied the petition, 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 petition, 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 a court extend a protective order? 

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

After a hearing and good cause shown, the court 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 commits a subsequent act of abuse while the Protective Order, Petitioner can seek to extend the order for up to 2 years. 

If the Respondent commits a subsequent act of abuse 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 Petitioner 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 the court order 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. The judge can extend the duration of a Temporary protective order,  as needed, for 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 the parties 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

Will Maryland enforce a protective order from another state? 

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 Maryland law.. Some states offer forms of relief that are not available in Maryland, and only those forms of relief that are available under § 4-506 of the Family Law Article of the Maryland Code will be enforced. 

While  not a requirement, an out-of-state order for protection can be registered with the District Court or Circuit Court. 

The court form is available on the Maryland courts website.  

Learn more about enforcement of out of state protective orders. 

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

Will another state enforce a 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. Other state laws may have some 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?

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Part 2: Protective Order Safeguards

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Part 3: How to File for a Protective Order

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

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Part 5: Protective Order Hearings

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Part 6: Enforcing or Changing a Protective Order

Source
Web Services Librarian; updated by Sara A. Magette, Esq.