Domestic violence is a serious crime that affects thousands of families in Maryland every year. If you are experiencing abuse—physical, emotional, sexual, or financial—from an intimate partner, family member, or household member, you have legal options to protect yourself and your children.
One of the most important tools available is a domestic violence protective order (also called a restraining order or order of protection). A protective order is a court order that prohibits the abuser from contacting, harassing, or coming near you. Violating a protective order is a criminal offense that can result in jail time.
This guide explains the types of protective orders available in Maryland, who can file, what the orders cover, the process for obtaining one, and how to enforce it. If you are in danger, understanding your legal options is the first step toward safety.
Types of Protective Orders in Maryland
Maryland law provides two types of protective orders for domestic violence victims:
Temporary Protective Order (Ex Parte Order)
A temporary protective order is an emergency order issued immediately, without the abuser being present or having a chance to respond. You can obtain a temporary order on the same day you file, often within hours.
To get a temporary order, you must go to the District Court and explain to a judge why you need immediate protection. The judge will issue the order if they find that you are in danger of abuse.
A temporary order typically lasts 14 days, giving you time to prepare for a full hearing.
Final Protective Order
After the temporary order expires, you can request a final protective order at a full hearing. At this hearing, both you and the abuser have the opportunity to present evidence and testimony.
If the judge finds that you have been abused or are in danger of abuse, they will issue a final protective order that lasts one year. You can renew the order if the abuse continues.
According to Maryland Courts, protective orders are a critical tool for domestic violence victims and are taken very seriously by the courts.
Who Can File for a Protective Order?
You can file for a protective order if you have been abused or are in danger of abuse by:
- An intimate partner (spouse, boyfriend, girlfriend, dating partner)
- A family member (parent, sibling, child, grandparent, in-law)
- A household member (someone you live with or have lived with)
- Someone with whom you have a child
What Constitutes “Abuse”?
Under Maryland Family Law Code § 4-701, abuse includes:
- Physical abuse: Hitting, pushing, choking, or any intentional physical harm
- Sexual abuse: Sexual assault, rape, or any non-consensual sexual contact
- Emotional abuse: Threats, intimidation, harassment, or controlling behavior
- Financial abuse: Controlling finances, preventing access to money, or sabotaging employment
- Stalking: Following, monitoring, or repeatedly contacting someone without consent
Can Minors File?
Yes. If you are a minor (under 18), you can file for a protective order. You can file on your own, or a parent, guardian, or school official can file on your behalf.
Can You File on Behalf of Someone Else?
Yes. If you are a parent or guardian, you can file a protective order on behalf of a minor child. School officials and law enforcement can also file on behalf of vulnerable individuals.
What Does a Protective Order Cover?
A protective order can include various provisions designed to protect you and your children:
No Contact Provision
The abuser is prohibited from contacting you in any way—by phone, text, email, social media, or through a third party. This includes indirect contact through friends or family members.
Stay-Away Distance
The abuser must stay a certain distance away from you (typically 100 yards or more). This applies to your home, workplace, school, and other locations you frequent.
Custody and Visitation
The order can address custody of children and visitation arrangements. The court will consider the best interests of the child and the safety of the child.
Firearm Restrictions
The order can prohibit the abuser from possessing firearms or ammunition. This is particularly important in cases where the abuser has threatened violence.
Counseling or Treatment
The order can require the abuser to participate in domestic violence counseling, substance abuse treatment, or mental health treatment.
Possession of the Home
The order can give you exclusive possession of the home, even if the abuser’s name is on the lease or deed.
Support Provisions
The order can address child support or spousal support.
According to Maryland Courts, protective orders are tailored to the specific circumstances of each case and can include any provisions necessary to protect the victim.
The Process: From Filing to Final Order
Step 1: File for a Temporary Order
Go to the District Court in the county where you live or where the abuser lives. Bring:
- A completed petition for protective order
- Identification
- Any evidence of abuse (photos, medical records, police reports, text messages)
- Witness contact information if available
You do not need an attorney to file, though having one can be helpful.
Step 2: Ex Parte Hearing
The judge will meet with you alone (without the abuser present) and ask about the abuse and why you need immediate protection. This hearing is called an “ex parte” hearing because only one party is present.
If the judge finds that you are in danger, they will issue a temporary protective order immediately. You will receive a copy of the order.
Step 3: Serve the Abuser
The temporary order must be served on the abuser. This is typically done by a sheriff’s deputy or process server. The abuser must be given notice of the temporary order and the date of the full hearing.
Step 4: Full Hearing
Within 14 days, you will have a full hearing before a judge. At this hearing:
- You will present evidence and testimony about the abuse
- The abuser will have the opportunity to present their side of the story
- Witnesses can testify
- The judge will decide whether to issue a final protective order
Step 5: Final Order
If the judge finds that you have been abused or are in danger of abuse, they will issue a final protective order lasting one year. You can renew the order if the abuse continues.
According to Maryland Courts, the entire process from filing to final order typically takes 2-4 weeks.
Enforcement and Violations
A protective order is only effective if it is enforced. If the abuser violates the order, you have several options:
Call Law Enforcement
If the abuser violates the order, call 911 immediately. Provide the police with a copy of the protective order and explain the violation.
File a Violation Report
You can file a report with the District Court alleging that the abuser violated the protective order. The court can hold a hearing and impose penalties.
Criminal Charges
Violating a protective order is a criminal offense. The abuser can be charged with:
- Contempt of court (civil or criminal)
- Harassment
- Stalking
- Assault (if physical contact occurs)
Penalties for Violation
Penalties for violating a protective order include:
- Up to 90 days in jail for a first violation
- Up to 6 months in jail for a second or subsequent violation
- Fines up to $500
- Criminal record
According to Maryland Courts, violations of protective orders are taken very seriously, and law enforcement is trained to respond quickly to reports of violations.
Obtaining a Protective Order Without an Attorney
You do not need an attorney to file for a protective order. However, having legal representation can be helpful, especially if:
- The abuser contests the order
- There are custody issues involved
- You need help gathering evidence
- You are intimidated or afraid to appear in court
Many legal aid organizations in Maryland provide free or low-cost representation for domestic violence victims. Contact your local legal aid office or domestic violence shelter for referrals.
According to the National Domestic Violence Hotline, having an attorney increases your chances of obtaining a protective order and can help ensure that the order includes all necessary provisions.
Safety Planning and Additional Resources
Obtaining a protective order is an important step, but it is not a complete solution. You should also:
- Create a safety plan (where to go if you need to leave quickly)
- Tell trusted friends and family about the abuse
- Document all incidents of abuse
- Keep important documents in a safe place
- Consider staying at a domestic violence shelter if you are in immediate danger
Resources:
- National Domestic Violence Hotline: 1-800-799-7233 (available 24/7)
- Maryland Domestic Violence Hotline: 1-800-MD-ABUSE
- Local Domestic Violence Shelters: Contact your county’s Department of Social Services for referrals
According to the National Domestic Violence Hotline, leaving an abusive relationship is often the most dangerous time. Having a safety plan and support system is critical.
When You Need a Family Law Attorney
If you are experiencing domestic violence and need a protective order, a Rockville family law attorney can:
- Help you file for a protective order
- Represent you at hearings
- Gather evidence of abuse
- Address custody and support issues
- Help you plan for safety
Michael A. Taylor has extensive experience representing domestic violence victims in protective order cases. If you are in danger and need legal protection, contact the firm to schedule an emergency consultation.
