Domestic Violence and Umarried Cohabitants

Domestic Violence

Unmarried cohabitants do not have the right to abuse each other by threats or acts of physical violence. If you have been a victim of threats or acts of violence, you should do the following:

call the police immediately;
get to a safe place;
file criminal charges;
obtain a temporary ex parte order for protection; and,
obtain an order for protection for up to 12 months.
obtain a Peace Order (if not yet eligible for a Protective Order)

If you choose to leave the home, you may request the assistance of a police officer while removing personal possessions.

In Maryland, unmarried cohabitants who are victims of domestic violence can petition the court for an Order that gives them legal protection from their abuser. Depending on whether they meet certain eligibility criteria, victims of abuse may be entitled to either a Protective Order or a Peace Order.

Enforcement of Protective Order- There is new legislation that authorizes a judge to order a law enforcement officer to use all reasonable and necessary force to enforce a temporary custody provision of a final protective order. See HB 183. (effective 10/1/08)

Permanent Protective Order After Conviction and Imprisonment - a permanent order can be issued against an individual that was convicted and served a term of at least five years of imprisonment. See HB 182. (effective 10/1/08)

Effective 10/1/09- Judges are required to order respondents to surrender any firearms in his/her possession and to not acquire any new firearms for the duration of the order in final protective orders. See HB 296/SB 267. When issuing a temporary protective order, judges may order the respondent to surrender any firearms in his/her possession and to refrain from acquiring new firearms, but it is not required. See HB 302 /SB 268.

Effective 10/1/09- Lengthens the time that judges may extend a temporary protective order from 30 days to 6 months. Temporary protective orders may be extended to effectuate service of the order where necessary to provide protection or for other good cause. See HB 98 / SB 601. The General Assembly also extended the maximum length of a final protective order from one to two years when the order is issued after an act of abuse within one year of the expiration of a previous final protective order of six months or more. See HB 971 / SB 811.

Protective Orders

As a part of any order of protection, a court can order the following:

that the abuser stop the abuse;
that the abuser stay away from the victim and her family;
that the abuser vacate and stay away from the family home, the victim’s job and a minor’s school;
that the abuser surrender any firearms;
that the victim have custody of minor children;
visitation with third party exchanges;
emergency financial maintenance, e.g., financial support; and,
that the victim have use and possession of a jointly owned vehicle.

Petitions for protective orders can be filed in the District or Circuit Court in the county where the abuser lives or works. In order to file a petition for protective order, the person filing the petition must be one of the following:

the current or former spouse of the person abusing you;
a person who has had a sexual relationship with the abuser and lived with the abuser for at least 90 days within the past year;
related to the abuser by blood, marriage, or adoption;
a parent, stepparent, child, or stepchild of the abuser, and has lived with the abuser for at least 90 days within the past year;
a physically or mentally disabled adult; or
a person who has a child in common with the abuser, regardless of whether you have ever been married to the abuser.

Note that both heterosexual and same-sex couples may use the Protective Order statute. A person may also seek protection for a minor child who is abused or threatened with abuse by a household member. For more information, see our section on domestic violence and read Battered: What Can I Do?, a publication of the Women’s Law Center of Maryland.

Violation of Protective Orders may have criminal consequences and may result in serving time in jail.

Peace Orders

A new proceeding to protect victims of violence who are not eligible for relief under the ex parte and protective order process described above became law on October 1, 1999. The peace order process allows individuals such as cohabitating partners who have not yet resided with each other for ninety (90) days, dating partners, neighbors, or former friends of an abuser, to petition the court for emergency protection from abuse. The alleged abuse must have occurred within thirty (30) days of the date a peace order is filed.

In order to obtain a Peace Order, the petitioner must prove that the alleged abuser has committed one of nine specified acts and that the specified act is likely to occur again. Those acts include an act causing serious bodily harm, or that places the petitioner in fear of imminent serious bodily harm, assault, rape or sexual offense, false imprisonment, harassment, stalking, trespassing, and malicious destruction of property.

The District Court is the only court that has jurisdiction to grant Peace Orders. Any testimony given in this proceeding is given under oath. Peace orders may be granted for a period of not more than six (6) months. The relief granted as a result of a Peace Order includes Court imposed instructions to the petitioner to stop committing the abusive act and the abuser may be ordered to stay away from the victim’s residence, school and place of employment. It is important to note that both heterosexual and same-sex couples may use the Peace Order statute. Any violation of a Peace Order may result in criminal sanctions including serving jail time.

An attorney is not required to file an ex parte petition or a protective order petition. However, an attorney may be helpful at the protective order hearing. In Baltimore City, Montgomery County and Prince Georges County, the Women’s Law Center and the House of Ruth operate programs providing free attorney assistance and safety planning to survivors of domestic violence. These attorneys are available in the courthouses.

Source: This section is drawn from the booklet entitled "Legal Rights of Unmarried Cohabitants in Maryland" produced by and available from The Women's Law Center.

Source: Maryland State Law Library (MSLL) Last Legal Update 06/08/09 (PLL/M.A.J.)