Details on Who Is Eligible for a Protective Order
Under Maryland law, Petitioners may be eligible for a protective order if their relationship with the Respondent falls into any of the following categories. The Petitioner is the person filing the protective order and seeking protection. The Respondent is the person Petitioner is filing the protective order against.
1. Current or former spouse of the Respondent
- Petitioner does not need to be currently living with the Respondent.
- Former spouses are eligible regardless of how long ago the relationship ended or whether either person has remarried.
2. Cohabitant of the Respondent
- A cohabitant is someone who has had a sexual relationship with the Respondent and lived in the same home for at least 90 days within the past year.
- The 90 days do not need to be consecutive. For example, the couple may have lived together for 30 days in September, 30 days in December, and then 30 days in July.
- The sexual relationship does not need to have lasted 90 days—only the shared living arrangement does.
- The Respondent and cohabitant may be of the same sex.
3. Related to the Respondent by blood, marriage, or adoption
- Includes relatives such as children, siblings, nieces, nephews, in-laws, and others related by family ties.
4. Parent, step-parent, child or step-child of the Respondent
- Applies to people who have lived with the Respondent or with the person eligible for relief for at least 90 days within the past year.
5. Vulnerable adult
- Someone who cannot meet their daily needs due to mental or physical limitations.
6. Person with a child in common with the Respondent
- Petitioner does need to have been married to the Respondent.
- Petitioner does not have to have been living with the Respondent at the time of the abuse.
7. Person who has had a sexual relationship with the Respondent
- Must have had a sexual relationship within 1 year prior to filing the petition.
8. Person who was subject to a sexual offense by the Respondent
- If the Respondent committed or attempted to commit rape or another sexual offense within 6 months before the petition was filed.
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