Protective and Peace Orders in the State of Maryland

A party whom is the victim of domestic violence or threats of domestic violence can obtain a protective order or peace order from a Circuit or District Court in the State of Maryland. After business hours a protective order can also be obtained from a District Court Commissioner who are available 24 hours a day.

To qualify for a protective or peace order, the petitioner must show that they have been a victim of abuse. Abuse includes an act that causes serious bodily harm or places the person in fear of imminent bodily harm or an assault in any degree, among other things. There is a very low legal threshold for issuance of a protective or peace order and our firm has been involved in cases where orders have been issued when an individual spit on their spouse (spitting constitutes assault), poked their spouse with their finger (poking constitutes assault) and made threats of bodily harm against their spouse, though they did not intend to carry out the threat (threats of serious bodily harm constitute abuse).

If a protective order is issued, it may result in the spouse whom the order is issued against being removed from the marital home. If a final protective order is issued, that “stay away” order may remain in place for up to six months or a year. Because many people going through a divorce are aware that they cannot make their spouse leave the marital home unless a protective order is issued, protective orders are more than occasionally used as weapons to try and force a spouse out of the marital home.

On the flip side, however, no one should be subjected to domestic abuse and if you are the victim of domestic violence, you should consider obtaining a protective order to ensure your safety immediately . You may apply for a protective order at any District Court or Circuit Court in Maryland and you do not need an attorney to apply for an Order. If granted, the initial order will be valid for seven days and a hearing date for a “final” protective order will be set on the seventh day. At the final protective order hearing, both parties will have the opportunity to present evidence to the Judge and a final protective or peace order will issue if the Court finds by clear and convincing evidence that the alleged abuse took place.

We advise all our clients not to do anything stupid when going through a divorce. That means, among other things, that you should not make threats of physical violence against your spouse and do not assault him or her in any degree whatsoever. Your actions can form the basis of a protective order and force you out of your home for up to 12 months. If your spouse becomes argumentative or seems to want to pick a fight with you, walk away and leave. If you are the victim of domestic abuse, call the police immediately and seek a protective order, if appropriate. You can obtain a protective order 24 hours a day. If you are assaulted or threatened, get yourself to safety and call the authorities.

Protective and peace orders have significant ramifications and, if you obtain a temporary protective or peace order, or one is obtained against you, you should consider retaining legal counsel to represent you at the final hearing. Stern & Associates charges a flat fee of $1,000.00 to represent petitioners and respondents at final protective and peace order hearings. If you intend to retain legal counsel, you should do so immediately after the temporary order is issued or served on you to give your attorney time to prepare for your case. Your attorney will want to interview witnesses, obtain 911 transcripts and police reports and review all other information relevant to your case. Depending upon the circumstances of your case, you may even want to consent to entry of the Order at the final hearing without a finding of abuse.

Maryland Divorce Attorneys

If you are interested in having Stern & Associates represent you at a protective or peace order hearing, call our offices today at 1-800-DIVORCE (from the Washington, D.C. area) or 301-444-4660. We would be happy to discuss your case with you.

Stern & Associates is a family law firm that represents individuals in divorce and family law cases throughout Maryland including cases in Montgomery, Howard, Frederick and Prince George’s Counties.