COVID-19 Information UpdateOn Monday, November 30, 2020, the Maryland Courts returned to Phase 2 of its phased reopening plan. During the current Phase 2, the court will hear new peace and protective order cases during court hours. To file a new peace or protective order case after court hours, visit a District Court commissioner. Your case will be heard. Pending Interim Orders - The District Court of Maryland's Communication Regarding Domestic Violence Protective Orders, Peace Orders and Extreme Risk Protective Orders provides clarification about hearing dates and interim orders. All pending interim and temporary domestic violence protective orders, pending interim and temporary peace orders and pending interim and temporary extreme risk protective orders will remain in effect (even if the date has passed on the order) until such time that the court has conducted a hearing or has otherwise communicated with the parties. |
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? |
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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? |
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| 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:
Plus:
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All of the relief available under the temporary peace order, and
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| 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:
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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:
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| 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? |
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| 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 |