Comparing Protective and Peace Orders

The table below provides an overview of how Peace Orders and Protective Orders differ from one another. The judiciary has a brochure in PDF format comparing Peace Orders and Protective Orders as well.

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 are the same. However, protective orders offer additional types of relief and peace orders include additional types of abuse.	Procedurally, they are the same. However, protective orders offer additional types of relief and peace orders include additional types of abuse.
Who is eligible?	Current and former spouses. Cohabitants for 90 days in the last year 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 Person who has had a sexual relationship with the respondent within one year before filing the petition.	Anyone who is not eligible for a protective order, but who is a victim of abuse. If you are eligible for a protective order, you may not file for a peace order.
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 under Title 6, Subtitle 4 of the Criminal Law Article; or 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 filing fee and a 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?	There are misdemeanor penalties for knowingly providing false information on the petition	There are misdemeanor penalties for knowingly 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 - If the judge finds by a preponderance of the evidence [(more likely than not)] that the alleged abuse has occurred. Or if the respondent consents to the entry of a protective order, the judge may grant a final protective order to protect any person eligible for relief from abuse.	Interim and Temporary Orders - “reasonable grounds to believe that the Respondent has abused a person eligible for relief (PEFR)” Final Order - If the judge finds by a "preponderance of the evidence" (more likely than not) that the respondent has committed an abusive act, and is likely to commit an abusive act in the future. Or if the respondent consents to the entry of a peace order, the court may issue a final peace order to protect the petitioner.
How long is the order in effect?	Temporary protective orders normally do not last longer than 7 days, but 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, to provide protection, or other good cause. Final orders last up to 1 year with the option to extend for 6 months. In some cases, a Petitioner may be eligible for a 2-year Final Protective Order or even a Permanent Protective Order. (Permanent orders are available in very limited circumstances.) The permanent protective order lasts until the victim requests termination.	Up to 6 months and may be extended for up to 6 months
What types of relief are available under the order?	All of the relief offered by a temporary protective order, which includes: Order the abuser to stop abusing, threatening to abuse, and harassing you. Order the abuser to stay away from you and to not contact or try to contact you or harass you at your home, school, job, the place where you may be staying, from your children’s school(s), and from your family members’ homes. Order the abuser to stay out of your house. If you are married to the abuser AND you were living with your abuser at the time of the abuse, the court can order him to leave the home where the two of you live. If you are not married to the abuser, but were living with him at the time of the abuse AND your name is on the lease or deed for the house OR you lived with the abuser for at least ninety (90) days within the past year, the court can order him to leave the home. Order that you be given temporary custody of any children that you have with the abuser. Plus: Establishment of temporary visitation Award of emergency family maintenance Award of use and possession of jointly titled car Temporary possession of pets Counseling Order for respondent to surrender all firearms Order for respondent to pay filing fees and court costs Any other relief the judge determines is necessary to protect the Person eligible for relief from abuse	All of the relief available under the temporary peace 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 a "preponderance of the evidence" (more likely than not) 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 a "preponderance of the evidence" (more likely than not) 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 “abuse, contact, or 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 motion for civil contempt if the respondent violates the support, custody, visitation, and any award portions of the order.	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. For a second or subsequent offense, the violator is subject to a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.
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- A judge may order a law enforcement officer to use all reasonable and necessary force to enforce a temporary custody provision of a final protective order.	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,” which means you must present your case all over again to the Circuit Court. 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. The appeal will be heard "de novo," which means you must present your case all over again 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

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Edited by Sahar Nasserghodsi, Esq.

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