Protective Orders

There is a multi-step process that you must follow to get a domestic violence Protection Order against the alleged abuser (also called the "Respondent").

A protective order is a court order that says one person must refrain from doing certain acts against another person. It’s Maryland’s version of a restraining order or stay-away order. You can obtain a protective order from either the District Court or Circuit Court in your county. This article is a step-by-step guide to help a petitioner protect against abuse. The person who asks the court for a protective order is called the Petitioner. The person the protective order is filed against is called the Respondent.

Topics on this page

What counts as abuse, for a protective order?
Am I eligible for a protective order?
How can I get protection under the law?
Domestic Violence - A 6-Part Video Series (from the Maryland Courts)

What counts as abuse, for a protective order?

An act that causes serious bodily harm
An act that places a person in fear of imminent serious bodily harm
Assault;
Rape or sexual assault (including attempts)(§§ 3-303, 3-304, 3-307, and 3-308 of the Criminal Law Article);
False imprisonment;
Stalking (§ 3-802 of the Criminal Law Article); or
Revenge porn (§ 3-809 of the Criminal Law Article)

If you are requesting a protective order for a child, abuse can also be:

physical or mental injury of a child by a parent, family member or person who has custody or supervision of the child;,
sexual abuse; or,
labor trafficking .

If you are requesting a protective order for a vulnerable adult, abuse can also be :

any physical injury to the adult because of cruel or inhumane treatment, or as a result of a malicious act, by any person.

Read the law: Md. Code, Family Law § 4-501

NOTE: Unlike peace orders, one MAY NOT obtain a protective order on the basis of harassment, as defined in Md. Code, Criminal Law § 3-803.

Am I eligible for a protective order?

You must have a certain type of relationship with the other person to be eligible for a protective order. Your relationship qualifies if you:

are married, divorced, or currently separated;
are related by marriage, blood or adoption (this includes stepparents and stepchildren if they have lived with you for at least 90 days in the past year);
have lived together in a sexual relationship for at least 90 days in the past year;
are the parents of a child together;
have had a sexual relationship with each other in the past year;
are a vulnerable adult;
were raped or sexually assaulted by the other person (including attempts) in the past six months.

For more detail about these eligibility requirements, read Details on Who is Eligible for a Protective Order.

**If you do not qualify for a protective order under one of these categories, you may still be able to file for a peace order.**

Read the law: Md. Code, Family Law § 4-501

How can I get protection under the law?

There is a multi-step process that you must follow to obtain a domestic violence Protective Order against the alleged abuser. Some courts may have advocates on-site who can help you fill out the forms. While you can do this without a lawyer, consider contacting your local domestic violence agency for advice and counseling. Free or reduced fee legal representation may also be available through these agencies. In addition, domestic violence agencies may have shelters in your area to house you and your children to keep you safe through this process. (Click here for a list of domestic violence shelters.)

As you begin this process, if applicable, do the following:

Take pictures of any visible bruises.
Get copies of any police reports.
Determine whether anyone saw the abuse and ask that person to testify on your behalf.
If you have not already done so, talk to the police about filing criminal charges.
If you are seeking financial relief (also known as Emergency Family Maintenance), get copies of your most recent pay stubs, living expenses (mortgage, lease, utilities, car insurance, car payment, daycare, etc.) and any income (pay stubs) or bank information you may have regarding the Respondent.

Interim Protective Order: Obtain immediate protection when the courts are closed

When the Courts are closed, a Petitioner may file a Petition for Protection from Domestic Violence (Petition) with the District Court Commissioner’s office. Commissioner’s offices are open and available 24 hours a day, 7 days a week. 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 can be found on the District Court website.

Step 1: Fill out the Petition

At the Commissioner’s office, you will be asked to fill out a form, called a Petition. On this form, you will list the reasons why you are seeking protection. It is important to list every example of physical abuse and threats; the history of abuse; all pending or previous court actions between the parties; and the relief you are seeking. If necessary, you may also write on an additional sheet of paper and attach it to the Petition. If the Respondent is responsible for providing you or a person eligible for relief financial support, you must request Emergency Family Maintenance on the Petition (you will need to support this request by submitting financial documentation at the time of the Final Protective Order hearing).

If you are worried about the Respondent learning your whereabouts, your address does not need to be disclosed on the Petition – you may provide an alternate address or simply ask that your address be kept confidential.

Step 2: Appear before a Commissioner

After submitting the Petition, you will appear before a Commissioner to explain your reasons for seeking relief. As the person seeking relief, you hold the burden of proof by “reasonable grounds.” As such, it is important that you disclose any proof of abuse you may have, including, pictures, police reports, medical records, witnesses, etc.

Step 3: Obtain Interim Protective Order from the Commissioner

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

Order the Respondent to stop abusing or threatening you;
Order the Respondent to stay away from you and to not try to contact you or harass you at your home, school, job, the place where you may be staying, from your children’s school(s), and from your family members’ homes;
Order the Respondent to stay out of your home;
If you and the Respondent are married and were living together at the time of the abuse:
- order the Respondent to leave the home where the two of you live; and
- award temporary custody of any children that you have with the Respondent;
If you are NOT married to the Respondent, but were living together at the time of the abuse AND your name is on the lease or deed for the home, the court can order the Respondent to leave the home;
If you are not married to the Respondent and you lived with the Respondent for at least ninety (90) days within the past year, the court can order the Respondent to leave the home;
Award temporary possession of any pet of the Petitioner or the Respondent; or
Any other relief that a commissioner determines to be necessary to protect you from abuse.

Step 4: Serve the Respondent with the Interim Protective Order

The Commissioner will forward the Interim Protective Order to law enforcement and the District Court. A law enforcement officer will then immediately serve the Respondent with a copy of the Interim Protective Order. The Interim Protective Order will state:

The actions the person must refrain from doing.
The day, time, and location of the hearing for a Temporary Protective Order; and
The tentative day, time, and location of a final hearing for a Final Protective Order.

Step 5: Extend protections of Interim Protection Order

An Interim Protective Order ends at the earlier of two times: either at the Temporary Protective Order hearing at the end of the second business day that the District Court is open after the order is issued. If the court is closed on the day the order is supposed to end, the order stays in effect until the District or Circuit Court holds the Temporary Protective Order hearing. Petitioner must attend a Temporary Protective Order hearing to extend the length and scope of protection contained in the Interim Protective Order. If the other side has not received a copy (i.e., been served), the Court will issue a Temporary Protective Order and serve the Respondent with notice of the final hearing.

Read the Law: Md. Code, Family Law § 4-504 and 4-504.1

Temporary Protective Order: Obtain immediate protection during court business hours

Step 1: Determine the court where you should request a protective order

You can obtain a protective order from either the District Court or Circuit Court in your county. On the Petition, there will be a question asking whether there are any previous or pending court cases between yourself, the person you want protection for and the Respondent. This includes paternity, child support, divorce, custody, domestic violence, juvenile matter, or criminal cases. If you reply “yes,” your case may be heard before a Circuit Court Judge or Family Magistrate. In some circumstances, the District Court will, on its own initiative, transfer the case to the Circuit Court for further handling.

NOTE: When deciding whether to file in the Circuit Court or the District Court, you may want to consider that you are guaranteed a right to appeal from District Court to the Circuit Court if you start in the District Court and are not successful for any reason. This would be a de novo appeal, meaning that there would be a new trial in the Circuit Court at which new evidence may be presented and new determinations are made. If you start in the Circuit Court and are not successful, it is much more difficult to appeal.

Step 2: File a Petition for Protection from Domestic Violence

Go to the District or Circuit Court in your county. Normal business hours for Court are Monday through Friday, between 8:30 a.m. and 4:30 p.m. When you arrive at court, tell the Clerk of the Court (Clerk) that you want to file a Petition for Protection from Domestic Violence (Petition).. There is no fee to file the petition.

On this form, you will list the reasons why you are seeking protection from abuse. It is important to list every example of physical abuse and threats; the history of abuse; and the relief you are seeking. If necessary, you may also write on an additional sheet of paper and attach it to the Petition. If the Respondent is responsible for providing you or a person eligible for relief financial support, you must request Emergency Family Maintenance on the Petition (you will need to support this request by submitting financial documentation at the time of the Final Protective Order hearing).

NOTE: If you have an Interim Protective Order, you do not need to see the Clerk. When your Interim Protective Order was issued, a hearing for a Temporary Protective Order was scheduled. Because you already have a hearing scheduled, take a seat in the assigned courtroom and wait for your case to be called.

NOTE: Petitioners can file electronically in some circumstances. For more information please see the article on Protective Orders - Frequently Asked Questions.

Step 3: Appear before a Judge

Whether you received an Interim Protective Order or are submitting a Petition for the first time, you will appear before a Judge to explain your reasons for seeking relief. As the person seeking relief, you hold the burden of proof by “reasonable grounds.” As such, it is important that you disclose any proof of abuse you may have, including pictures, police reports, medical records, witnesses, etc.

If you filed an Interim Protective Order, the Commissioner’s decision to grant or deny any relief is not binding on the Judge who will hear your case for a Temporary Protective Order.

NOTE: If the Respondent appears in court for the Temporary Protective Order hearing after having been served with an Interim Protective Order the Court may proceed with a Final Protective Order hearing provided that the Court has personal jurisdiction over the Respondent and the parties expressly consent to waive the Temporary Protective Order hearing.

Step 4: Obtain Temporary Protection Order

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

Order the Respondent to stop abusing or threatening you;
Order the Respondent to stay away from you and to not try to contact you or harass you at your home, school, job, the place where you may be staying, from your children’s school(s), and from your family members’ homes;
Order the Respondent to stay out of your home;
If you and the Respondent are married and were living together at the time of the abuse:
- order the Respondent to leave the home where the two of you live; and
- award temporary custody of any children that you have with the Respondent;
If you are NOT married to the Respondent, but were living together at the time of the abuse AND your name is on the lease or deed for the home, the court can order the Respondent to leave the home;
If you are not married to the Respondent and you lived with the Respondent for at least 90 days within the past year, the court can order the Respondent to leave the home;
Award temporary possession of any pet of the Petitioner or the Respondent;
Order the Respondent to surrender any firearm to law enforcement authorities in the Respondent’s possession, provided the Respondent caused or threatened to cause serious bodily injury or, used or threatened to use a firearm against you;
Any other relief that a judge determines to be necessary to protect you from abuse.

NOTE: For temporary or final protective orders, the judge can order “no contact,” which is exactly like it sounds – the Respondent cannot contact you for any reason. The judge can also order “no abuse,” or “no abusive contact,” which means that the Respondent cannot abuse you, but could contact you for other purposes.

Sometimes, “no contact” language is necessary, even in situations where you share children with the Respondent, even if you must or are trying to co-parent children. However, if you do not want language as extreme as “no contact,” consider request language that says, “no contact, except for the purposes of facilitating any custodial exchanges.” This allows for communication about the children, but maintains the “no contact” language, which may provide more protection than “no abuse” or “no abusive contact.”

Step 5: Serve the Respondent with the Temporary Protective Order

The Court will immediately forward the Temporary Protective Order to law enforcement to locate and serve the Respondent with a copy of the order. The Temporary Protective Order will state:

the actions the person must refrain from doing.
the day, time, and location of a final hearing for a Final Protective Order.

The Temporary Protective Order remains in effect for not more than 7 days after law enforcement has given the Respondent a copy of the order (i.e., service). If the Court is closed on the day the order is due to expire, the order remains in effect until the court holds a Final Protective Order hearing. The Judge may extend the order, as needed, up to 6 months to serve the Respondent with the order or for good cause.

Step 6: Extend protections of the Temporary Protective Order

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

Read the Law: Md Code., Family Law § 4-505

Final Protective Order – Obtain long-term protection

Step 1: Attend the Final Protective Order hearing

At the Final Protection Order hearing, if the Respondent has been served with a copy of the Temporary Protective Order but fails to appear for the hearing, you should ask the Judge to enter an order of protection 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 you and the Respondent will have a chance to tell the Judge what happened that led you to file the Petition. This is a formal hearing and the rules of evidence apply.

As the person seeking relief, you hold the burden of proof by “preponderance of the evidence,” to show more likely than not that the abuse occurred and you are eligible for relief. Please note that the Judge who hears the case may not be the same Judge as the one who presided over the Temporary Protective Order hearing, so it is important that you repeat all the reasons why you are seeking relief, this includes submitting into evidence any documentation of abuse (police report, hospital records, photographs, etc.) and calling witnesses on your behalf. If you are afraid of the Respondent, have safety concerns for yourself or children or if the Respondent has attempted to contact you within the past week (under the protection of a Temporary Protective Order), you must let the judge know. It is also important to present documentation and discuss reasons why you may need financial assistance during the pendency of the Final Protective Order.

Be aware that the Respondent or the lawyer will ask you questions in cross-examination and will have an opportunity to disprove your case. Do not be surprised or upset if the Respondent lies about what happened. At the conclusion of the hearing, the Judge will decide whether or not the abuse occurred.

Step 2: Obtain Final Protective Order

If the Judge finds that the abuse did occur, the Judge may order one (or all) of the following for up to 1 year:

Order the Respondent to stop abusing or threatening to abuse you;
Order the Respondent to stay away from you and to not try to contact you or harass you;
Order the Respondent to stay out of your home;
If you are married to the Respondent AND you were living together at the time of the abuse, the court can order the Respondent to leave the home where the two of you live;
If you are not married to the Respondent, but were living together at the time of the abuse AND your name is on the lease or deed for the home OR you lived with the Respondent for at least ninety (90) days within the past year, the court can order the Respondent to leave the home;
Order the Respondent to stay away from your job, your school, the place where you may be staying, from your children’s school(s), and from your family members’ homes;
Order that you be given temporary custody of any children that you have with the Respondent (including the use of reasonable and necessary force to return the minor child to the custodial parent) and, depending on safety considerations, the Judge may condition or restrict visitation;
Order that you be given temporary custody of any pets you own with the Respondent;
If you are married, order the Respondent to pay money to help support you during the order;
If you have children with the Respondent, order the Respondent to pay support for the children;
If you own a car with the Respondent, the court may order that you have sole use of the car for the period of the order (you must tell the judge that the car is necessary in order to get you to work or to transport a child);
Order the Respondent or you to participate in a counseling program (domestic violence and/or drug/alcohol);
Order the Respondent to surrender firearms;
Order the Respondent to stay away from a child care location; or
Any other relief that a judge determines to be necessary to protect you from abuse.

You and the Respondent will each receive a copy of the Protective Order at the time of the hearing. If the Respondent fails to appear, the Court will mail the Respondent a copy of the Protective Order via first-class mail. Keep a copy of the order with you at all times.

Mutual orders of protection.

The Judge may issue a mutual Final Protective Order provided the Judge makes a detailed finding of fact that: