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You do not need a lawyer  or an attorney to file for an Order for Protection. However, you may wish to have a lawyer or an attorney, especially if your abuser has a lawyer or an attorney. If you can, contact a lawyer or an attorney to make sure that your legal rights are protected.

Protective Order- Maryland

 

Protective and Peace Orders
(CC-DC/DV PO1 br 7-03)
How to obtain relief from abusive individuals

Peace and protective orders are civil orders issued by a judge to prevent one person from committing certain acts against others.

Note: Peace and protective orders are civil orders; under certain circumstances you also may file criminal charges. If you wish to file criminal charges, call the police or contact a District Court commissioner.

Peace Order or Protective Order . . . which one?
Peace and protective orders are civil orders issued by a judge to prevent one person
from committing certain acts against others. The personal relationship between the
“ respondent” (person alleged to commit the prohibited act) and the victim (person to be
protected) determines which kind of petition would be filed. Protective orders generally
apply to people in domestic relationships. Peace orders apply to other relationships
(dating, neighbors, co-workers, acquaintances, strangers). You cannot qualify for both;
you must choose the one for which you would qualify.

If you are filing the petition for yourself, do any of these apply to you?
I am the current or former spouse of the respondent
I have lived in an intimate relationship with the respondent for at least 90 days during the past year
I am related to the respondent by blood, marriage, or adoption
I am the parent, stepparent, child, or stepchild of the respondent, and I have resided with the respondent for 90 days during the past year
I have a child with the respondent

If you checked any of the above, you would file for a protective order. If you did not, you would file for a peace order.

If you believe a minor child or a vulnerable adult (an adult who cannot provide for his or her own daily needs) is in need of protection, you may file for a protective order for them if:
-- one of the above boxes describes their relationship with respondent and
-- you are related to the minor child or vulnerable adult
or
-- you reside in the same house with the minor child or vulnerable adult

What do you have to prove?
Once you determine the type of order for which you may qualify, you then must
prove that one of the following acts occurred:

For a peace order:
- an act that caused serious bodily harm
- 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
- criminal harassment *
- criminal stalking *
- criminal trespassing *
- malicious destruction of property*
* these acts apply only to a peace order.

For a protective order:
- an act that caused serious bodily harm
- 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/(Click here to go to forms.)

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.
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, 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 helpful in advising you about your case and representing you in court. However, you are not required to have an attorney.

Other Resources
24-Hour
Domestic Violence Hotline
1-888-880-7884 (House of Ruth, Maryland)

National Domestic Violence Hotline
1-800-799-SAFE

Maryland Network
Against Domestic Violence
1-301-352-4574
1-800-MD-HELPS

House of Ruth, Maryland 1-888-880-7884
 

The information on this website is for informational purposes only and does not constitute legal advice.  

For more information about protective orders for the state of Maryland, check out  http://www.womenslaw.org/MD/MD_how_to.htm   for more information.   The information above was gathered from http://www.courts.state.md.us/district/forms/dvpo/ccdcdvpo1br.html .