Types of Protection in the Different Stages of a Case
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. |
At different stages of a domestic violence case, judges have the power to order different kinds of relief to the complaining party. The table below lists the options that a judge has at each stage of the case.
Topic | The Commissioner (IPO) or Judge (TPO or FPO) can order the respondent to: | Interim Order (IPO) FL 4-504.1 |
Temporary Order (TPO) FL 4-505 |
Final Order (FPO) |
Abuse and threats | Refrain from further abuse or threats of abuse. | X | X | X |
Not contact, attempt to contact or harass the Person Eligible for Relief. | X | X | X | |
Stay away | Not enter the residence of Person Eligible for Relief. | X | X | X |
If Person Eligible for Relief & Respondent are living together at the time of abuse,
|
X | X | X | |
Stay away from the Person Eligible for Relief’s place of employment, school, or temporary residence. | X | X | X | |
Stay away from the residence of any family member of Person Eligible for Relief. | X | X | X | |
Child(ren) | If there is an allegation of child abuse can order custody of the minor child. | X | - | - |
If Person Eligible for Relief & Respondent are living together at the time of abuse:
|
X | X | X | |
If there is an allegation of child abuse:
|
- | X | X | |
Stay away from the Person Eligible for Relief’s child care provider while the PEFR’s child is there. |
- | X | X | |
Can order temporary custody of the minor child of the Person Eligible for Relief and respondent. |
X | X | X | |
Can order temporary visitation and
|
- | - | X | |
Vulnerable adult | If there is an allegation of abuse of a vulnerable adult,
|
X | X | X |
Other types of Protection | If necessary for the employment of the Person Eligible for Relief or the care of a minor child,
|
- | - | X |
Order temporary use and possession of the home by an adult living in the house. | - | X | X | |
Respondent can be ordered to surrender any guns owned by the respondent to law enforcement (for the duration of the protective order) |
- | X | X | |
Respondent can be ordered to attend domestic violence counseling. | - | - | X | |
Person Eligible for Relief can be ordered to attend in domestic violence counseling | - | - | X | |
Respondent to pay emergency financial maintenance to any Person Eligible for Relief whom the respondent is obligated to support | - | - | X | |
Court can order the family maintenance payment withheld from the Respondent’s earnings | - | - | X | |
Permanent Protective Order After Conviction and Imprisonment - permanent order issued against an individual that was convicted and served a term of at least five years of imprisonment. | X |