As of December 2002, you can get legal protection from domestic violence 24 hours a day - 7 days per week.

• Interim Protective Order -emergency legal protection to stop abuse between intimate partners.
• Interim Peace Order - emergency legal protection to stop violence for those not eligible for a protective order.
• Permanent Protective Order After Conviction and Imprisonment - permanent order issued against an individual that was convicted and served a term of at least five years of imprisonment.

In Maryland, victims of domestic violence can get legal protection even when the courts are closed. The District Court Commissioners can issue Interim Protective Orders and Interim Peace Orders even when the courts are closed, on weekends, holidays or at night. The law became effective on December 18, 2002.

A permanent protective order may issue against an individual that was convicted and served a term of imprisonment of at least five years for specified underlying acts of abuse.  This final protective order is permanent but can be terminated at the request of the victim.  (Effective 10/1/08).

Comparing Peace Orders and Protective Orders.

The District Court Commissioners are available 24 hours a day, 7 days a week in Maryland.  You can go to an on-duty Commissioner’s office or telephone an on-call Commissioner.  Telephone numbers and locations of all District Court Commissioners are listed on the Court's website. You will be directed to the "on duty" Commissioner.

You must prove that there are “reasonable grounds" to believe that the Respondent (person you are asking for protection from) has abused a "person eligible for relief”.  Abuse and other terms used here are defined in the glossary of legal terms. The Commissioner will consider several types of evidence to decide if there are "reasonable grounds" to give you a protective order.

• Your words are the most important evidence. The Commission will rely on you to describe what happened. Take your time to detail any threats or physical harm that you suffered. See the definition of abuse. Focus on the other person's actions rather than why it happened. Describe how you were hit and what injuries you suffered. Mention any threats or weapons that were used. Include information about your past  injuries that were the result of abuse by this person.
  
  The Commissioner will be much less interested in the personal story, "He hates it when I go over to my sister's because...." The Commissioner will be more interested in what happened, "He grabbed my arms hard enough to leave marks and kept me from leaving the house."

• Police Reports are another important part of what the Commissioner will consider.

• Witnesses to the violence or threats can also help the Commissioner to decide if there are "reasonable grounds" to issue an order. When violence happens at the home, there may not be any witnesses. You can be given protection without the testimony of a witness. But, if there is a witness, let the Commissioner know. If your witness is able to come with you, that will help your case. The person will have to come back to court with you.

• Physical evidence, such as pictures, can also help to prove your case. Ask a friend to take a picture of any cuts, bruises, or physical damage at the house. Ask the person to put their name, and the date that the picture was taken on the back of the picture. Hospital staff will routinely document any injuries. So it is important to go for both the treatment and to help to support your case. You should also take any medical reports to later hearings. Any domestic violence shelter can help you to gather evidence as well as provide protection, counseling and other help. Since bruises do not show immediately, you may want to take pictures over the next couple of days.
  
  Depending on what happened, physical evidence can also include pictures of damaged walls, rooms or cars. It can also include torn or blood stained clothing. The police are likely to confiscate any weapons. Police reports will be part of the evidence.

• Financial information, such as rent receipts, pay stubs etc.. You will need to include financial information about yourself if you are going to ask for temporary support for yourself. This is called "emergency family maintenance."

Maryland uses the term "persons eligible for relief (PERF)" to describe the people who can qualify for protective order. (Family Law Article 4-501) 

Persons eligible for relief are:

• the current or former spouse of the respondent (that is, the alleged abuser);
• a cohabitant (someone who lives with respondent);
• a person related to the respondent by blood, marriage, or adoption;
• a parent of the respondent;
• a stepparent of the respondent;
• child or step-child of the respondent;
• victim who lives (or lived) with the respondent for at least ninety (90) days within the past year; or
• a vulnerable adult or individual who had a child with the respondent.

No. You can go ahead without a lawyer. However, many domestic violence shelters can help you locate an attorney to help you for free at later hearings.

If you receive an Interim Order from a District Court Commissioner, your court date will be scheduled within 48 hours after the courts reopen. There will be two court hearings. The Interim Protective Order issued by the Commissioner will state the time, date, and place where the court hearing before a judge called a "Temporary" Protective Order (TPO) will be held. Md. Fam. Law Code Ann. §4-504.1(d)(1)(i). The Order will also set a tentative date for the second hearing for a Final Protective Order.

Find out more about the step-by-step process you will go through at each of the hearings.

The protection of the Interim Protective Order will last until one of the following happens (whichever occurs first):

• The end of the second business day after the Interim Order was issued, or
• The day that you appear in District Court for your Temporary Protective Order (TPO) (formerly known as an Ex-parte Order) hearing.

Yes, but custody will only be awarded for the time period of the Interim Protective Order.

At this stage the Commissioner can order certain types of "relief". Relief is the type of help and other protection that a court can order.

The Commissioner may order the accused abuser (respondent) to do any of the following:

Stop abusing or threatening the victim; Not to contact or try to contact the victim; Not to enter the victim's home; To leave the home if they are living together; Stay away from the victims place of employment; Stay away from any family member of the victim; Give temporary custody of any minor child living in the home to the victim; Leave the residence of the victim, or Give temporary use and possession of the home to the victim (This can only be ordered if the victim is a spouse, or has lived in the home for 90 days out of the last year.)

The Order may also award temporary custody of a child to the person seeking the order. Md. Fam. Law Code Ann. §4-504.1 (c)(1-5, 7-8)

Because this is an emergency action, the order will last only a short time until a judge can hear your case. The judge may make a different decision. S/he is not required to follow the Commissioner's decision.

The Interim Protective Order will set the time for a hearing before a judge (24-48 hours after the courts reopen). This second hearing is called a "Temporary Protective Order" hearing.

The other side gets a copy- A copy of the Interim Protective Order must be personally served on the respondent  by a law enforcement officer. After the Commissioner issues the order, s/he will immediately send a copy of the Order to the appropriate law enforcement office. The law enforcement officer will give ("serve") a copy of the order to the other side. The Commissioner should tell you which law enforcement agency to contact, so you can find out if the other side was served (given a copy).

The Court files on your case will be sent over to the District Court judge.

You must appear at a second hearing, the Temporary Protective Order (TPO) hearing. If you don't show up, your case will be dismissed and the Interim Protective Order will end.

• If the other side has not been served (given a copy), you will need to reapply for a Temporary Protective Order (TPO).
• If the other side has been served and does not show up, the judge will issue a Temporary Protective Order (TPO) if s/he believes that there are "reasonable grounds" to believe that you have been abused.
• If the other side comes to the hearing, the judge will have two choices.

  • If you both agree, the judge can go ahead with the Final Protective Order hearing.
  • If you and the other side do not agree to waive (skip) the Temporary Protective Order (TPO) hearing, the court will make a decision about continuing protection and schedule the time for a Final Protective Order (within seven days).
    

Within 7 days, the court will set a second hearing for the Final Protective Order. The Final Protective Order can last up to a year. Take a look at this checklist for Preparing for the Final Protective Order.