Sandler Law LLC - Protective Orders in Marylandof Houlon, Berman, Finci, Levenstein, Skok & Sandler, LLC

PEACE
ORDERS
IN MARYLAND

THE HELP YOU NEED WHEN YOU NEED IT MOST!

Contact Rene Sandler of Houlon Berman at 301-610-9797.

Comparing Maryland Protective Orders and Peace Orders

APPLICABLE LAW Protective Order
(FL Art. 4-501 et seq.)		 Peace Order
(CJP Art. 3-1501 et seq.)
WHO IS ELIGIBLE FOR AN ORDER?
  • Current and former spouses.
  • Cohabitants for 90 days
  • A person related to the respondent by blood, marriage, or adoption
  • A parent, stepparent, or stepchild (under certain circumstances)
  • Vulnerable adults
  • Person who has had a child in common with Respondent
 Anyone who is not eligible for a protective order, but who is a victim of abuse as defined below and was victim of an act committed against them within thirty (30) days preceding the filing of the Peace Order
DEFINITION OF ABUSE
  • Act that causes serious bodily harm;
  • Act that places the petitioner in fear of imminent serious bodily harm;
  • Assault;
  • Rape or sexual offense;
  • False imprisonment; or
  • Stalking
  • Act that causes serious bodily harm;
  • Act that places the petitioner in fear of imminent serious bodily harm;
  • Assault;
  • Rape or sexual offense;
  • False imprisonment;
  • Harassment;
  • Stalking;
  • Trespass;
  • Malicious destruction of property;
  • Misuse of telephone facilities and equipment,
  • Md. Code Ann., Crim. Law 3-804;
  • Misuse of electronic communication or interactive computer service,
  • Md. Code Ann., Crim. Law 3-805;
  • Revenge porn
  • Md. Code Ann., Crim. Law 3-809; or
  • Criminal visual surveillance
    Md. Code Ann., Crim. Law 3-901, 3-902,  or 3-903
WHERE TO FILE District and Circuit Courts Only the District Court
WHEN TO FILE Anytime after the act The act must have occurred within 30 days preceding the filing the petition
STANDARD OF PROOF AT FINAL HEARING Preponderance of the Evidence Preponderance of the evidence that the act occurred and that the likelihood that the act will occur in the future
STANDARD OF PROOF Interim and Temporary Orders -reasonable grounds to believe that the Respondent has abused a person eligible for relief

Final Order – Preponderance of the evidence

Interim and Temporary Orders - reasonable grounds to believe that the Respondent has abused a person eligible for relief

Final Order – Preponderance of the evidence that the Respondent committed the alleged act, and is likely to commit the act in the future
LENGTH OF ORDER Judges may extend a temporary protective order from 30 days to 6 months.

Final orders can be effective for up to 1 year and may be extended for a 6 month period		 Order can be effective for up to 6 months
OTHER RELIEF
  • Establishment of temporary visitation and custody of minor children
  • Award of emergency family maintenance
  • Award of use and possession of jointly titled car
  • Counseling
  • Order for respondent to surrender all firearms
  • Order for respondent to pay filing fees and court costs
  • Counseling
PENALTY FOR VIOLATION OF ORDER Maximum penalty is ninety (90) days in jail and/or a $1,000 for a first offense and one (1) year in jail for a second or subsequent offense. Maximum penalty is ninety (90) days in jail and/or a $1,000 fine for a first offense and one (1) year in jail for a second or subsequent offense.

 

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