How to Get a Protective Order in Maryland

According to the National Coalition Against Domestic Violence, 34.4% of Maryland women and 28.8% of Maryland men experience intimate partner physical violence, intimate partner rape and/or intimate partner stalking. If you find yourself in a situation where you’re being abused, know that help is available 24/7. In Maryland, one way to help stop abuse and ensure your safety is seeking a Protective Order (“PO”) through the court system. A PO can be a powerful tool to ensure your safety during a difficult situation. Many people refrain from filing for a protective order because they assume that the process is overly complicated, or because they simply don’t know what to do. If you’re considering seeking a protective order in Maryland, or just want to know how, read on. 

What is a Protective Order?

A protective order is Maryland’s version of a restraining order, which is the more common name for this type of court decree. Essentially, a protective order states that a given person who has been accused of abuse (the respondent) must stay away from another person (the petitioner, who has filed for the protective order). Both persons will be identified in the order, along with a clear reason as to why the order has been put into place. 

Basic Eligibility Requirements

To initiate a petition for a PO, the prospective filer needs to meet certain eligibility requirements. The most basic requirement is that the other person who will be affected by the order, the defendant or respondent, must have a certain relationship to the petitioner. To be eligible, the petitioner generally must have one of the following relationships to the respondent:

• The respondent and the petitioner have had a sexual relationship within the past year;
• The respondent and the petitioner are either married, divorced, or still married but living apart;
• The respondent is related to the petitioner either biologically or through adoption;
• The respondent and the petitioner have a child in common;
• The respondent and the petitioner have lived together in an intimate relationship for at least 90 days during the past year.

If one of these relationships doesn’t apply, then obtaining a protective order may not be possible. However, seeking a “peace order” may still give you relief from abuse. A peace order is a completely different order than a protective order, and applies to different categories of people than a protective order (e.g. an abusive neighbor).

The Forms Required to Initiate an PO

There are two primary forms involved in the process for obtaining a protective order in Maryland: (1) Form CC-DC-DV-001, Petition for Protection from Domestic Violence, and (2) Form CC-DC-DV-001A, Addendum-Description of Respondent. The latter form is the paperwork which is actually served on the respondent in order to prompt a court hearing on the matter.

Once you have completed the forms, you may file them at the courthouse during business hours, or with the District Court Commissioner’s Office outside of court hours. There is no fee to file a protective order. 

The Process Following the Petition for a PO

Before a hearing on the final order takes place, you will have an opportunity to obtain a short-term protective order which can provide immediate safety. Depending on whether you filed your petition when the court was open, you may either obtain an interim protective order (if you filed when the court was closed) or a temporary order (if you filed when the court was open), or both. The interim protective order can last up to 2 days, while the temporary order can last up to 7 days. In both cases, you will need to provide some sort of evidence to substantiate the allegations against the respondent.

The court will then schedule a final hearing. At the final hearing, both parties will have a chance to present their case before a Maryland judge. The petitioner will need to substantiate that an act of abuse has occurred and that there is a need to implement a protective order. If the judge agrees with the petitioner, then the PO can be issued for up to one year. A protective order can be tailored to meet the needs of the situation; this means that, depending on the circumstances, the judge can order the respondent to stay away from certain places, have zero contact, order emergency financial assistance from the respondent, and/or grant the petitioner use and possession of a home or car, among other things. 

Resources

A protective order can be a crucial step in documenting abuse and taking legal action against an abuser. For free, confidential assistance, if you or someone you know is being abused, contact the Maryland Network Against Domestic Violence or the National Domestic Violence Hotline, or find more resources here. 

For more information, or for help filing a protective order in Maryland, contact Z Family Law today by calling 301-388-5528.