| Question |
Protective
Order(FL Art. 4-501 et seq.) |
Peace
Order(CJP Art. 3-1501 et seq.) |
| What is it? |
Allows certain victims of domestic violence to receive protection and some kinds of relief |
Provides protection to people experiencing certain kinds of abuse who are not eligible for protective orders |
| How do these orders compare? |
Procedurally, they’re very similar. Each is a 3 step process beginning with an interim order and moving on to a hearing where both parties are present. |
Procedurally, they’re very similar. Each is a 3 step process beginning with an interim order and moving on to a hearing where both parties are present |
| Who is eligible? |
- Current and former spouses.
- Cohabitants for 90 days
- A person related to the respondent by blood, marriage, or adoption
- A parent, stepparent, or stepchild (under certain circumstances)
- Vulnerable adults
- Person who has had a child with the respondent
|
Anyone who is not eligible for a protective order, but who is a victim of abuse |
| How is abuse defined? |
- Act that causes serious bodily harm
- Act that places the petitioner in fear of imminent serious bodily harm
- Assault
- Rape or sexual offense
- False imprisonment
- Stalking
|
- Act that causes serious bodily harm
- Act that places the petitioner in fear of imminent serious bodily harm
- Assault
- Rape or sexual offense
- False imprisonment
- Harassment
- Stalking
- Trespass
- Malicious destruction of property
|
| Which courts have jurisdiction? |
District and circuit courts |
Only the District court |
| How soon after the act must the petitioner file for a protective order? |
Anytime after the act |
The act must have occurred within 30 days of filing the petition |
| Are there any other requirements? |
No |
The petitioner must show that the act occurred and that it is likely to occur again |
| Is there a filing fee? |
No |
There is a $20 filing fee and a $30 service fee. The court may waive the filing fee for indigent petitioners, but not the service fee |
| What is the penalty for filing a false order? |
None |
There are misdemeanor penalties for knowing providing false information on the petition |
| What is the standard of proof for getting this order? |
Interim and Temporary Orders - “reasonable grounds to believe that the Respondent has abused a person eligible for relief (PEFR)”
Final Order - Clear and convincing evidence
Permanent
Protective Order After Conviction and
Imprisonment (Effective 10/1/08) 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.
|
Interim and Temporary Orders - “reasonable grounds to believe that the Respondent has abused a person eligible for relief (PEFR)”
Final Order - Clear and convincing evidence that the respondent committed the alleged act, and is likely to commit the act in the future
|
| How long is the order in effect? |
Up to 1 year with the option to extend for 6 months
The
permanent protective order lasts until
the victim requests termination.
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.
|
Up to 6 months |
| What types of relief are available under the order? |
All of the relief available under the temporary order, and
- Establishment of temporary visitation
- Award of emergency family maintenance
- Award of use and possession of jointly titled car
- Counseling
- Order for respondent to surrender all firearms
- Order for respondent to pay filing fees and court costs
|
All of the relief available under the temporary order, and
- Counseling
- Order for respondent to pay filing fees and court costs
|
| Will the court always order all of the relief available? |
The protective order may include any or all of the available relief |
No. The court may only order the relief that is minimally necessary to protect the petitioner |
| Can the court order mutual orders? |
The court can only issue a protective order to a person who has filed a petition. When both parties have filed, the court may issue mutual orders if it finds (by clear and convincing evidence) that:
- mutual abuse has occurred,
- both parties acted as primary aggressors, and
- neither party acted primarily in self defense
|
The court can only issue a mutual peace order 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 law
|
| What can the petitioner do if the order is violated by the respondent? |
The petitioner can file a complaint against the respondent. In addition, if the respondent violates the “stay away” portions of the order, the petitioner can file a criminal charge. Violation of the order is a fine of up to $1000, and/or imprisonment for up to 90 days, for the first offense. For a subsequent offense, a fine of up to $2500, and/or imprisonment for up to 1 year, may be imposed |
The petitioner can file a contempt charge against the respondent. In addition, if the respondent violates the “stay away” portions of the order, the petitioner can file a criminal charge. Violation of the order is a misdemeanor and on conviction a respondent is subject to a fine for the first offense of up to $1000, and/or imprisonment of up to 90 days |
| Can the police arrest the respondent for violating the order? |
If the “stay away” portion of the order is violated, the respondent can be arrested with or without a warrant.
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.
|
If the “stay away” portion of the order is violated, the respondent can be arrested with or without a warrant |
| Can the order be modified or rescinded? |
A motion to modify or rescind the order can be filed in any court with jurisdiction, or where the order was issued |
A motion to modify or rescind the order can be filed in the court where the order was issued |
| Can the issuance or denial of the order be appealed? |
An order issued in the District court may be appealed to the Circuit court. The appeal will be heard “de novo”. An order issued in the Circuit court may be appealed to the Court of Special Appeals |
A peace order may be appealed to the Circuit court |
| What kinds of relief are available under the interim order? |
- Respondent may be ordered to refrain from threatening or committing abuse
- End all contact with petitioner
- Stay away from petitioner’s home, place of employment, school, or residence of family member
- If respondent and petitioner are living together, and child abuse is alleged, temporary custody of children may be given to petitioner
- If respondent and petitioner are living together, respondent may be ordered to vacate their home, and temporary use and possession of the home may be awarded to the petitioner
|
- Respondent may be ordered to refrain from threatening or committing abuse
- End all contact with petitioner
- Stay away from petitioner’s home, place of employment, school
|
| How long does the interim order last? |
Until the temporary protective order hearing, or the end of the second business day the office of the Clerk of the District Court is open after the interim order was issued, whichever is sooner |
Until the temporary peace order hearing, or the end of the second business day the office of the Clerk of the District Court is open after the interim order was issued, whichever is sooner |
