MARYLAND PROTECTIVE ORDERS AND PEACE ORDERS

WHAT IS A PROTECTIVE ORDER?

A protective order is a civil order that protects the petitioner from harm from someone you have a specific relationship with.  That relationship is defined as:

• your current or former spouse;

• someone you had a sexual relationship with and lived with for at least 90 days during the 1-year period before you filed for the protective order;

• someone with whom you had a sexual relationship within 1 year before the filing of the petition;

• someone related to you by blood, marriage, or adoption; or

• someone with whom you have a child in common;

• you could also be eligible to file if you are a “vulnerable adult,” which is an adult who lacks the physical or mental capacity to provide his/her daily needs.

Minors under the age of 18 are also eligible for protection if they are victims of abuse.  Any of the following people can file for a protective order for a minor child or vulnerable adult:

• a person related to the child or vulnerable adult by blood, marriage or adoption;

• an adult who lives with the child or vulnerable adult;

• the state attorney (a lawyer working for the government) for the county where the child or vulnerable adult lives or where the abuse took place; or

• the Department of Social Services in the county where the child or vulnerable adult lives or where the abuse took place.

There are 3 types of protective orders:  1) interim protective orders; 2) temporary protective orders; and 3) final protective orders.  A final protective order generally lasts for one (1) year but can last up to two years if certain conditions are met. 

WHAT IS A PEACE ORDER?

A peace order is meant to protect a person that is not otherwise eligible for a protective order.  Some examples would include:

• a boyfriend or girlfriend who you do not have a child in common with and who you do not live with;

• a neighbor;

• a co-worker;

• an acquaintance;

• a stranger;

• a parent, stepparent, child, or stepchild who you do not currently live with and you have not lived with for 90 days or more within 1 year before the filing of the petition.

There are 3 types of peace orders:  1) interim peace orders; 2) temporary peace orders; and 3) final peace orders.  A final peace order can generally last for up to six (6) months. 

For a Maryland judge to order either a final protective or peace order, a hearing must take place and the respondent has an opportunity to be present.  Our experienced attorneys will work with you to evaluate your case and develop a hearing strategy. 

WHY HAVING AN ATTORNEY IS IMPORTANT

Having an attorney to represent you at your protective/peace order hearing is crucial. If you are the person seeking the protective/peace order (the Petitioner), you might not understand the legal criterial that you need for the judge to enter an order. You also may not know how to present your evidence in court or know how to ask the right questions and cross-examine witnesses in the hearing. Any missed questions or not being able to fully present your case may result in the judge denying your request.

On the other hand, if you are the person defending against an order (the Respondent) you may not know how properly ask the right questions and object to unlawful questions. Also, often times the Respondent may be facing an underlying pending criminal charge and it is imperative that the Respondent does not say something at the protective/peace order hearing that may have an adverse effect in their criminal case.

Protective and peace order hearings are highly stressful and emotional. The outcome may have severe ramifications on one’s life like having an impact on your job, your ability to possess a firearm, or your ability to obtain/maintain your security clearance. Our attorneys will work with you every step of to explain to your rights and make sure are well prepared for your hearing.  Call us today at (443) 741-2567 to discuss your case. 

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