Last edited 06/08/09

Domestic Violence Home Reading Room Search PLL Home

Immediate First Steps You Should Take     Safety Plan       Safety Checklist

Emergency Help 
(when the court are closed)

You can get legal protection 24 hours a day - 7 days per week.

Interim Protective Order - legal protection to stop violence between intimate partners

Interim Peace Order - legal protection to stop violence for those not eligible for a protective order.  

Permanent Protective Order After Conviction and Imprisonment- 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 unless terminated at the request of the victim. See HB 182. (effective 10/1/08)

A Comparison of Protective Orders and Peace Orders


Criminal Charges

 You may consider contacting the police and pressing criminal charges. Likely charges include:

  • Misdemeanor or warrantless arrest 
  • Assault 
  • Marital Rape

Civil Legal Protection for Intimate Partners

In Maryland, during business hours a judge can enter a protective order against an abuser to stop the violence, force the abuser to leave the house and can include other issues such as temporary custody.

You may be eligible for a temporary order followed by a final order.

Enforcement of Protective Order- There is new legislation that authorizes a judge to order a law enformcement 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)

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.

 



Other Civil (non-criminal) Legal Solutions

  • Peace orders (for those not eligible for protective orders)
  • Petition for Forcible Entry and Detainer

A Comparison of Protective Orders and Peace Orders


Violation of Protective Orders

Source: Drawn from the collected materials of the Maryland Domestic Violence Services Providers community with key materials from the House of Ruth. Compiled, edited, and expanded by the Maryland Legal Assistance Network.  Updated by the Maryland State Law Library (MSLL).

Last date of last legal review (no legal content) 8/25/08 (PLL/M.A.J.)

Is this legal advice? This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  See our section on Finding Legal Help.

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

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