Maryland “Restraining” Orders

Conventional vernacular and Hollywood call them restraining orders. Maryland calls them Peace or Protective Orders.

Peace and Protective Orders are legal devices that allow for victims of abuse to quickly and safely remove themselves from a situation of abuse. They are intended to be fast acting to, in a nature that may seem antithetical to the overall judicial process. The reason for this comes from the legislation’s understanding of just how dangerous some abusive situations can be for the victim. The normal slow-grinding gears of the judicial process are simply not conducive to the emergent nature of a victim’s plight.

Both of Maryland’s “Restraining Orders” are initiated the same way. The petitioner/victim files a petition with the court. If the court is closed or not hearing peace/protective orders at the time of filing, this petition will be received by a commissioner who will grant the petitioner an “interim” peace/protective order. The interim order is effective until the next day the court is open and entertaining peace/protective orders. If the court is open however, the petitioner/victim will be given a hearing on a temporary protective order in front of a judge.

For the readers lucky enough to have avoided your county’s courthouses until now, these are generally initiated in your county’s district court. When you walk through security, simply ask the sheriffs (guards) where to file a protective order and they will direct you to where you need to go.

A temporary protective order is granted on a reasonable ground’s basis. Surprisingly this is not a complex legal term hidden behind seemingly simplistic language. Rather, it truly means, that the judge can reasonably ascertain that the abuse alleged occurred. If I were to hazard a number, I would say the judge is 20% sure the abuse occurred.

Seven (7) days following the award of a temporary protective order, the court will schedule a Final Peace/Protective Order. A Final Peace/Protective Order is granted on a slightly higher level of proof. Us law dogs know it as preponderance of the evidence, but it may be easier for you to know you need to prove that it is more likely than not (51% sure) that the abuse occurred. This means that if you say yes, and the other side says no, the peace/protective order will not be granted. You need more evidence than simply he-said-she-said.

An award of a final protective order will protect the petitioner for one (1) year whereas a final peace order is good for six (6) months. Either can be extended near the end of the term if the petitioner can show they may still be in danger of further abuse.

There are a number of differences between the two.

A protective order is for blood relationships or sexual relationships that occurred within one (1) year of filing. This means the petitioners mom, dad, husband, wife, girlfriend, boyfriend, uncle, sibling, cousin. I’ve even seen a petitioner receive a protective order against a boyfriend’s mom, though I still contest that was improper. A peace order is for everyone else (including boyfriend’s mom, but I digress).

The reason why this distinction is made is because the abuse required for a protective order is: assault; an act that places a person in fear of imminent serious bodily harm; an act that causes serious bodily harm; rape or sexual offense, or attempted rape or sexual offense; stalking; false imprisonment; revenge porn. Whereas a Peace Order allows for two other forms of abuse: Harassment and trespass.

While it may seem strange for the courts to forgo allegations of harassment and trespass against family, I urge anyone reading to think of how they feel after a weeklong vacation with their extended family, then think of how backed-up the courts may be if they granted a protective order for allegations of harassment against family members.

The granting of temporary or final orders not only requires proof of this abuse, but also requires evidence that the abuse is likely to occur again. In other words, you need to show that there has been a period, or course of conduct, where this abuse or other abuses have occurred. If your spouse struck you on one occasion, a protective order will likely not be granted to protect you (that being said, you should absolutely press criminal charges with your local police department).

This particular requirement is often overlooked by petitioners seeking an order and causes the downfall of otherwise legitimate concerns of abuse. The idea behind this requirement is that a peace/protective order isn’t meant to be punitive to the abuser, its meant to be protective of the abused. The punitive aspect comes when an abuser subsequently violates a peace/protective order

These legal devices can be life savers for anyone suffering from abuse. Prepare your case, and focus on what the court needs to hear, and the court will make sure you receive the protection you need.