Assistance is Available | You Have Options
Making changes or taking a stand in your relationship can be difficult, especially if you’re afraid of your partner. Moving out, breaking up, or taking legal action can be a dangerous time for you and your family. If you are being hurt by a spouse, partner, or family member, assistance is available to help you protect yourself and your children.
This page outlines several safety planning options, including detailed information about getting a Civil Protective Order or Peace Order (sometimes called a “restraining order” or “ex parte”) in Maryland. Whether or not you believe that filing for a Protective or Peace Order is the best decision for you, please call your local domestic violence program to discuss other options and to create a safety plan.
Some people get Protective and Peace Orders because they want the abuse to stop immediately and they need the courts to help clarify issues about the house, children, and financial support. While most survivors find peace or protective orders helpful, getting an order will not necessarily stop someone from coming near you or harming you, and in some situations may make them more angry and dangerous. You may still need to go to a shelter or other safe place even if you have a Protective Order. BUT the Order gives police greater ability to respond if the Order is violated. Even if you do not get a Peace or Protective Order, you may have other legal cases (divorce, custody, or criminal) with your partner.
24-Hour access is available!
Even when courts are closed, you can still get a Protective or Peace Order! On weekends, holidays, and at night, you can get an “Interim” Protective or Peace Order from your local District Court Commissioner. These remain in effect for a few days until the courts are open, when another hearing is scheduled to grant a “Temporary” Protective or Peace Order, which can last for one or more weeks. After that, a hearing for a “Final” Protective or Peace Order is scheduled, which lasts from six months to a year, and sometimes longer.
What is Abuse?
For a Peace Order, you are also eligible if you have experienced:
A Note on Time Limitations
Which Order Should I Get? If your relationship is not one of the above (Ex: someone you dated or are dating but with whom you don’t have a sexual relationship), you can file for a Peace Order instead.
Where and When Can I File? For Temporary Protective Orders only, you can also file at Circuit Court instead of District Court. A Note on Cost/Fees There is NO FEE for filing for a Protective or Peace Order. For Peace Orders, you must indicate that it is a “dating relationship” on the form, or there will be a filing fee.
If courts are closed, you can file for an Interim Peace or Protective Order with a District Court Commissioner. If courts are open, you can file for a Temporary Peace or Protective Order at District Court and a hearing will be held before a judge on the same day.
What Protections Are Available? For Interim and Temporary Protective Orders, the judge can: For Final Protective orders, you can request that the judge add provisions concerning: For Final Protective Orders, the judge MUST: For Peace Orders, the judge can order your abuser to:
For BOTH Interim and Temporary Protective AND Peace Orders, the judge can grant “stay away” or “no contact” orders that say your abuser MUST:
When Does The Temporary Order Go Into Effect? Before you return home or go to a place where your abuser might be, make sure the order has been served. You can find this out by contacting the law enforcement agency that serves the orders in your area. You can also sign up for VINE Protective Order (VPO), a service that will notify you by phone or email when the Protective Order is served (Note: VPO does NOT include service information on Peace Orders). The Temporary Order is valid only until the Final Protective Order Hearing. If you want the Order to continue, it is very important that you attend the hearing for the Final Order.
At the Temporary Protective or Peace Order Hearing, as long as the judge grants the order, the Order takes effect as soon as it is handed to, or “served” on, your abuser by a law enforcement officer. The Temporary Order will list the date for your Final Protective Order hearing in about seven days.
What Is A Final Order? Be sure to bring any evidence you have, such as witnesses, photographs, medical and police reports, objects used to injure, etc. Your Final Peace or Protective Order will be granted by the judge if: How Long Do Final Orders Last? Final Peace and Protective Orders take effect immediately. Protective Orders can last up to 12 months, or sometimes even longer under certain circumstances. Peace Orders can last up to six months. Before your Peace or Protective Order expires, you can request an extension. Protective Orders can be extended for up to six months. In certain circumstances, it could last longer. Peace Orders can last up to an additional six months. Once an Order is in effect, you can request changes to the types of relief that were originally ordered by asking for a “modification” of the Order. If you do not want or need the Order anymore, you can ask that it be “rescinded,” which means that it is “dropped” (as in, it is no longer in effect).
Usually, within seven days after the Temporary Order is issued, the Final Protective or Peace Order hearing is held before a judge. You must attend this hearing or the order will be dropped. Your abuser will probably be at this hearing and may bring a lawyer. You may also bring a lawyer or legal advocate. Your local program may also help you find free legal help.
What Happens If My Abuser Violates The Order
Planning For Your Safety At Court Hearings Before Court: At Court: After Court:
Whether you are getting a Protective or Peace Order, or have other court cases with your current or former partner, there are ways you can prepare for your physical and emotional safety.