Last Update June 2008

Other Civil (non-criminal) Legal Solutions

Peace orders (for those not eligible for protective orders) What is the Peace Order? Am I eligible for relief? What acts must occur in order for me to file? Where do I file for a Peace Order? Is there a time limit to file? Do I have to take an oath when filing for an Order? Do I file for a temporary Peace Order first? How long is the temporary Order? How do I get a permanent Peace Order? How long does the permanent Peace Order last?

Petition for Forcible Entry and Detainer How can I keep my boyfriend away from my apartment? What can I do if my husband/boyfriend has been harassing me but there has been no actual physical violence?

What is the Peace Order?
The Peace Order is a form of legal protection for anyone who is experiencing problems with an individual, including someone in a dating relationship, a neighbor, a stranger, or anyone else.  The Peace Order enables an individual (petitioner) who wishes to be left alone to ask the Court for an order for the other person (respondent) to stay away and refrain from any contact.  A violation of the order will result in arrest.

Am I eligible for relief?
Review who is eligible for a protective order.  If you are not eligible under the Protective Order law, you are eligible under the Peace Order law.  You cannot file a peace order if you are eligible for a protective order (e.g., married, living together, or if you have a child in common).

What must occur in order for me to file?

• An act that causes you serious bodily harm
• An act that places you in fear of imminent bodily harm
• Assault in any degree
• Rape or sexual offense
• False imprisonment
• Harassment
• Stalking
• Trespassing
• Malicious destruction of property

Where do I file for a Peace Order?
The District Court of Maryland.  When the courts are closed, District Court Commissioners can now issue Interim Peace Orders.  The victim should go to the office of any on-duty Commissioner or telephone an on-call Commissioner.  Offices and telephone numbers of Commissioners are listed on the Court's website.

Is there a time limit to file?
Yes.  You have thirty (30) days after the act occurs to file a petition with the court.

Do I have to take an oath when filing for an order?
Yes.  There is a misdemeanor penalty for knowingly providing false information.

Do I file for a temporary Peace Order first?
Yes.  The person requesting the Order (petitioner) is usually the only party at this stage.  At this phase, the judge must find reasonable evidence that an incident occurred between the two parties. The judge must also find it likely that a similar incident will occur in the future.  Similar to the Protective Order, the Peace Order is not effective until the person who the order is against (respondent) has been served.  A hearing date for the second hearing will be set when the Interim or Temporary Order is granted.

How long is the temporary Peace Order?
Seven (7) days.  A Peace Order hearing is held seven days after the temporary Peace Order is given to the law enforcement officer (served) to the respondent (the person accused of committing the act).

How do I get a permanent Peace Order?
The Peace Order hearing gives both parties the opportunity to be heard. The petitioner must prove by clear and convincing evidence that the respondent committed the alleged act and is likely to commit future acts against the petitioner. A Peace Order can be granted for up to 6 months. The court can also grant other temporary relief (e.g. counseling or the respondent to pay filing fees and costs). Mutual Peace Orders can be granted if both parties have filed for one and the court finds by clear and convincing evidence that each party has committed, and is likely to commit in the future, an act of abuse as described in the statute.

• Peace Orders may be appealed to the Circuit Court.
• If the respondent violates the Order, the petitioner can file contempt against the respondent.
• If the respondent violates the stay away portion of the peace order, a law enforcement officer can arrest him/her without a warrant.
• A Peace Order can be modified or rescinded by the court that issued the Order.

How long does a permanent Peace Order last?
Six months, but it can be renewed as often as necessary.

How can I keep my boyfriend away from my apartment?
You may seek protection by use of a "Petition for Forcible Entry and Detainer" to evict an abuser from a dwelling when that person has no legal right to be living there.  This means that you must own or leas the dwelling alone or with someone other than the abuser.  The abuser must not contribute to the rent or mortgage payments.  This type of legal help is generally used by unmarried people.  However, this relief can be used by a married victim if you have:

• moved to a new home which was never previously the marital home and;
• was a place the victim has not agreed to allow the spouse to live and;
• was a place where the abuser never contributed rent nor mortgage payments.

A petition must be filed in District Court or Circuit Court and a hearing will be held.  You should show the lease or the title to the property and any rent checks or receipts as evidence at the hearing.  If the judge issues an Order, the abuser has the right to appeal within ten (10) days of the judgment.  If the abuser does not appeal, the police will insure that the abuser's belongings are removed from the property.

You will need an attorney to help you. Finding help through domestic violence Community Resources.

What can I do if my husband/boyfriend has been harassing me but there has been no actual physical violence?
A victim may file criminal harassment charges against any person who repeatedly follows her, with the intent to annoy, alarm, or harass that individual.  The victim must give reasonable warning or request to stop the harassment.