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Types of Protection in the Different Stages of a Case

COVID-19 Information Update

On 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) FL 4-506
Abuse and threats	Refrain from further abuse or threats of abuse.	X	X	X
Abuse and threats	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, can order the Respondent to vacate the home, and can order that the Person Eligible for Relief have temporary use and possession of the home. However a Person Eligible for Relief who is not married to the respondent, must have her/his name on the lease or deed to the house, or have shared the house with the respondent for at least 90 days during the last year (before filing the petition).	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: Custody of child - can order custody of the parties' minor child living in the house. Enforcement of Protective Order- a judge can order a law enforcement officer to use all reasonable and necessary force to enforce a temporary custody provision of a final protective order.	X	X	X
	If there is an allegation of child abuse: However a Person Eligible for Relief who is not married to the respondent, must have her/his name on the lease or deed to the house, or have shared the house with the respondent for at least 90 days during the last year (before filing the petition).	-	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 if it is found that the safety of the child or the Person Eligible for Reliefis at risk, can restrict visitation. See List of Supervised Visitation and Monitored Exchange Centers.	-	-	X
Vulnerable adult	If there is an allegation of abuse of a vulnerable adult, can order temporary use and possession of the home by an adult living in the house. However a PEFR who is not married to the respondent, must have her/his name on the lease or deed to the house, or have shared the house with the respondent for at least 90 days during the last year (before filing the petition).	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, can award temporary possession to the Person Eligible for Relief of any vehicle jointly owned by the PEFR and the respondent.	-	-	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

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Edited by Laure Ruth

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