Domestic Violence

Domestic violence is a serious issue in far too many relationships. Importantly, under Maryland law, a victim of abuse is entitled to legal relief. There are several types of protective orders that may be put into place, based on the facts of the case. Commonly referred to as “restraining orders,” these are court orders that specify a person must refrain from committing certain acts against another person. If you have suffered abuse — or been accused of domestic violence — it’s essential to understand the types of protective orders that may be available and how they work.

Who Can Qualify for Protective Orders in Maryland?

Domestic violence refers to the mistreatment of a family member or partner. It can come in many forms, including physical abuse, sexual abuse, emotional abuse, and psychological abuse. In order to be eligible for a protective order in Maryland, a person must be:

  • A current or former spouse of the respondent
  • A cohabitant of the respondent
  • A person who is related to the respondent by blood, marriage, or adoption
  • A parent, stepparent, child, or stepchild of the respondent or person eligible for relief
  • A vulnerable adult
  • A person who has a child in common with the respondent
  • A person who had a sexual relationship with the respondent within the year prior to filing for the protective order
  • A person who alleges that within six months before filing the petition, the respondent committed or attempted rape or a sexual offense

There are a wide range of acts that count as abuse under Maryland law for which a protective order may be issued. These can include acts that cause serious bodily harm, such as kicking, punching, shoving, stabbing, choking, and biting — or acts that place a person in fear of imminent serious bodily harm. Other acts that qualify for a protective order can include rape, sexual assault, false imprisonment, mental injury to a minor child, stalking, and revenge porn.

What Types of Protective Orders are Available in Maryland?

A protective order states that a person must refrain from committing certain acts against another. It is Maryland’s version of a stay-away order or restraining order. The types of protective orders that may be obtained in Maryland include the following:

  • Interim protective order — An interim protective order can be granted if the court has reason to believe that a person has been abused. Typically, an interim protective order lasts about two days, at which time a hearing will be held. These short-term orders can order that the respondent refrain from abusing, threatening, or harassing the petitioner. They can also order the abuser to stay away from the petitioner’s home, work, or school, and cease contact. If the parties are married, or the respondent’s name is on the lease or deed of the shared residence, an interim protective order can order them to leave the home.
  • Temporary protective order — After an interim protective order has been granted, an ex parte hearing will be scheduled to determine whether a temporary protective order (“TPO” )should be issued. If the petition was filed during court hours, the first hearing may be held immediately for a TPO. A temporary protective order lasting up to seven days can be issued if the judge finds that abuse has occurred. The court will schedule a final hearing at which both parties may offer testimony and evidence.
  • Final protective order — A judge will evaluate evidence from both sides to decide whether a final protective order should be granted. If the judge finds by a preponderance of evidence (more evidence than not) that an act of abuse occurred, a final protective order can be issued for up to one year and may be extended for an additional six months for good cause. A final protective order can offer the same safeguards as an interim protective order and include additional provisions ordering the respondent to undergo counseling, turn over firearms, and pay emergency family maintenance. It can also address temporary child custody and pet custody, as well as award the petitioner possession of a jointly owned vehicle.

If a respondent fails to comply with any type of protective order, they could face criminal charges and prosecution.

What is a Peace Order?

If an individual is not eligible for a protective order, they may be able to obtain a peace order in some situations — such as those involving neighbors, strangers, and acquaintances. These court orders are meant to protect the petitioner from abusive or harassing behavior and prohibit the respondent from contacting them directly or through a third party. A petitioner may be eligible for a peace order if they can show that within 30 days prior to filing the petition, the respondent committed an act that caused them to suffer serious bodily harm or placed them in fear of imminent serious harm.

Other acts that may qualify for a peace order can include assault, false imprisonment, harassment, stalking, trespassing, malicious destruction of property, misuse of telephone facilities and equipment, misuse of electronic communication, revenge porn, and criminal visual surveillance.

What is an Extreme Risk Protective Order?

An extreme risk protective order can be filed if someone has reason to believe that another individual poses an immediate and present danger of causing harm to themselves or others by possessing firearms. This is a court-issued civil order that temporarily requires a respondent to surrender any firearms or ammunition to law enforcement. It also prohibits them from purchasing or possessing firearms and ammunition. However, it cannot order a person to stop threatening or committing abuse, stay away from the petitioner’s home or work, or prohibit contact.

Contact an Experienced Maryland Domestic Violence Attorney

Domestic violence is a serious matter — but you don’t have to go through it alone. An experienced domestic violence attorney can advise you regarding your legal rights and options. To learn more about the types of protective orders that may be available in your case, contact Strickler, Platnick & Hatfield to schedule a consultation.

Categories: Domestic Violence