Maryland Protective Orders and Peace Orders: What YOU need to Know.


Peace and protective orders are civil orders issued by a Maryland Court. Although these are civil proceedings, they may result in criminal proceedings and jail time if the respondent is accused of violating the terms of such peace and/or protective orders.  Also, persons who have a peace or protective order against them (even by consent without findings of fact) will not be able to possess or carry a firearm.  Therefore, persons who work in law enforcement, security or sensitive security clearance positions in government may loose their job if such an order is entered against them.

Peace Order or Protective Order?

The personal relationship between the “respondent” and the “petitioner” determines which type of order is right. If the parties are in a domestic relationship, a protective order would be appropriate. Peace orders apply to relationships such as dating, neighbors, co-workers, acquaintances and strangers).

These are the relationships that qualify for a protective order:
current or former spouse of the respondent
intimate relationship with the respondent for at least 90 days in the last year
related by blood, marriage, or adoption
parent, stepparent, child (or vulnerable adult), or stepchild of the respondent, and have resided with the respondent for 90 days in the last year
co-parent of a child with the respondent

Proof Required:
In Order to win, the Petitioner must prove by Clear and convincing
evidence that one of the following acts has occurred and is likely to continue to occur:

peace order:
- act caused serious bodily harm
- act placed the petitioner in fear of imminent bodily harm
- assault in any degree
- rape or sexual offense
- attempted rape or sexual offense
- false imprisonment
- criminal harassment (Under CR 3-803: must show either an in person following of a person in a public place or a “malicious course of conduct that alarms or seriously annoys the other: (1) with intent to harass, alarm or annoy; (2) after receiving Notice to Stop; AND (3) without a legal purpose”)   (“Course of Conduct” is specifically defined under CR 3-801).
- criminal stalking (CR3-802)
- criminal trespassing
- malicious destruction of property
protective order:
- an act that caused “serious bodily harm” (Under CR Article  1^st degree Assault)
- an act that placed the petitioner in fear of imminent bodily harm
- assault in any degree
- rape or sexual offense
- attempted rape or sexual offense
- false imprisonment
How to apply for an Order
Step 1: Complete the correct petition
Petition for Protection (form CC/DCDV1) can be obtained from any circuit or District Court clerk or commissioner. A Petition for Peace Order (form DC/PO1) must be obtained from a District Court clerk or commissioner. All forms are available at: www.courts.state.md.us/courtforms

Step 2: File the petition
During normal business hours, file the petition with a circuit or District Court clerk (District Court for peace orders). Once the petition is filed, you will then go to a courtroom to await a hearing.

Step 2a:Interim Order
When courts are closed, District Court commissioners may issue Interim Peace and Protective Orders to last until a judge holds a temporary hearing. An interim order goes into effect once the respondent is served by a law enforcement officer

Step 3: Appear for a temporary hearing
When you appear before a judge, you will be required to answer questions under oath. If the judge finds reasonable grounds to believe that the respondent committed the acts alleged in the petition against you, (and in the case of a peace order, is likely to do so again) a temporary order is granted. The order goes into effect once a law enforcement officer serves the respondent and generally lasts for seven days unless extended by a judge.  The Temporary Order, determines and may narrow the issues that will be addressed at the Final Hearing.

Step 4: Appear for a final hearing
A final hearing is usually scheduled within seven days after the order is served. At the hearing, both parties may present evidence. However, even if the respondent does not attend, the judge may still grant a final order if:
--- At the trial the judge finds clear and convincing evidence that the respondent committed the alleged act against the petitioner, as defined under the law, (and in the case of a peace order, is likely to do so again);
or
--- Instead of a trial, the respondent consents to the entry of a final order.
A protective order may last up to one year, with a possible six-month extension; a peace order may last up to six months.

What will the Order do?
Peace and protective orders are intended to provide protection for the petitioner and
other individuals named in the order. The respondent may be ordered to:
--- stop threatening or committing abuse
--- stay away from the petitioner’s home, place of employment or school
--- have no contact with the petitioner or others
A protective order may also:
--- award temporary use and possession of the home to the petitioner
--- award temporary custody of children to the petitioner
--- award temporary financial support

Frequently asked questions

Where do I file?
A petition for a peace order may be filed only in District Court. A petition for a protective
order may be filed in District Court or in a circuit court. If the clerk’s office is open, you must file with the clerk. If the clerk’s office is closed, file with a District Court commissioner. To locate a court, visit the Judiciary website at www.courts.state.md.us or look under the government pages of your phone book.
Is there a deadline for filing?
A petition for a peace order must be filed within 30 days of the act described within the petition. There is no specified time frame for filing a protective order.
Can criminal charges also be filed?
Peace and protective orders are civil orders, and are not criminal charges. If you wish to file for criminal charges, see a District Court commissioner or a state’s attorney.
What happens if an order is violated?
Violation of an order may result in a finding of contempt, mandatory arrest, criminal prosecution, imprisonment, or fine.
Do I need a lawyer?
An attorney may be extremely helpful in advising you about your case and representing you in court. However, you are not required to have an attorney. 

How Much would the fees be?

Our Firm usually charges a flat fee of between $1000 – $2500, depending on the complexity of the facts and issues as well as the number of documents and witnesses to prepare.