Maryland Peace Order Laws

A Maryland peace order is a legal measure that protects victims of certain offenses committed by individuals with whom they do not have a close personal relationship. These offenses include assault, stalking, harassment, and revenge porn.

Victims of abusive crimes in Maryland can gain access to a protective court order. The type of restraining order they qualify for depends on the people involved and the crimes committed. For those who don’t have a close relationship with their abuser, a Maryland peace order offers relief from a variety of offenses.

It’s important to know which Maryland order of protection you should apply for. This guide will explain the differences between peace orders and domestic violence protection orders, what relief a peace order offers, and how to navigate Maryland’s legal system to get one. Read on to gain a better understanding of Maryland peace orders.

Maryland Peace Order Laws – Peace Orders vs. Protective Orders

While Maryland peace orders and domestic violence protective orders share many of the same protections, the requirements for acquiring one are quite different. A domestic violence act of abuse needs to occur between family members, household members, and people in intimate relationships:

• Spouses
• Former spouses
• People with a child in common
• Cohabitants (people having a sexual relationship who have lived together for at least 90 days before the filing of a petition for a protective order)
• Family through consanguinity (blood relatives)
• Family through marriage (in-laws)
• Family through adoption
• Parents, children, stepparents, and stepchildren who have lived together for at least 90 days before the filing of a petition for a protective order
• Vulnerable adults (people who cannot meet their daily needs alone)
• People in a sexual relationship within one year of the filing of a petition for a protective order

If a victim is in any of these relationships with their abuser, they need to file for a domestic violence protective order instead. You can learn more about domestic violence, protective orders, and other helpful programs at FindLaw’s Maryland Domestic Violence Laws article.

Victims who don’t share a close, personal relationship with their abuser can file for a Maryland peace order instead. Employers can file on behalf of employees who have suffered abuse at their workplace from a co-worker or another person. A victim who suffered any of the following offenses can file for a peace order:

• Assault in any degree
• Causing serious bodily harm
• False imprisonment
• Harassment
• Malicious destruction of property
• Misuse of electronic communication or interactive computer service
• Misuse of telephone facilities and equipment
• Placing the petitioner or the petitioner’s employee in fear of imminent serious bodily harm
• Sexual offenses
• Stalking
• Trespass
• Revenge porn
• Visual surveillance

Peace orders use provisions to provide relief for victims. The conditions used in a peace order depend on the situation and the needs of the victim. The available provisions are:

• The respondent (abuser) must not commit or threaten to commit any abusive act that qualifies for a peace order against the petitioner (victim) or the petitioner’s employee
• The respondent must not contact, attempt to contact, or harass the petitioner or the petitioner’s employee
• The respondent must not enter the residence of the petitioner or the petitioner’s employee
• The respondent must stay away from the place of employment, school, or temporary residence of the petitioner or the petitioner’s employee
• The respondent or petitioner must participate in supervised professional counseling or mediation (final peace order only)
• Either party is required to pay filing fees and costs (final peace order only)

Unlike final and temporary protective orders, a judge can issue mutual peace orders if both parties have filed and pose a threat to one another. Criminal charges are not necessary to file for a peace order, but they will likely affect the judge’s decision.

Maryland Peace Order Laws – Obtaining a Peace Order

Victims must file for a peace order within 30 days of the offense. There are three different peace orders. Each has unique aspects, but the main differences are how to get them and how long they last.

All require that the petitioner (victim) fill out the proper paperwork. These forms are available at the district court clerk’s office, the district court commissioner’s office, or through the following links:

• Petition for Peace Order (form DC-PO-001)
• Peace Order Addendum (form CC-DC-PO-001A)
• Peace Order Supplement (form DC-PO-1S)

It’s possible to get help with filing through sexual assault advocates. They’ve helped victims before and are a tremendous help. You can also get assistance from a Maryland peace order attorney.

Filing takes place in the district court clerk’s office during the court’s business hours, not the circuit court. There is a fee of $56 to file for a peace order. The court can waive the fee if you can’t afford it.

If you need immediate relief but the courts are closed, you can file at the district court commissioner’s office, which is open 24 hours a day. If the preponderance of the evidence shows there’s a present danger, an interim peace order is issued. This offers protection until the end of the second court business day (or third if the court isn’t open).

If you file with the district court clerk, they’ll take your petition to a judge. The judge may ask you additional questions. If the judge finds that the respondent (abuser) poses a threat, a temporary peace order is issued. If done without contacting the respondent, it’s called ex parte. The temporary peace order lasts seven days or until the final peace order hearing. An extension of 30 days is possible for good cause.

Law enforcement can serve the respondent with a copy of the peace order. The fee is $60, and the court cannot waive it. Any adult can serve the order, but the victim should never serve their abuser. The provisions of the order are enforceable once served. The final peace order hearing takes place no longer than 7 days after service.

Whether or not a judge issues a temporary peace order, the final peace order court hearing will rule on a permanent order. Both parties can offer their sides of the story, call witnesses, and present evidence. If the petitioner proves that the respondent is an ongoing danger, a final peace order is issued. It goes into immediate effect, and the respondent is served in the courtroom.

A final peace order can last up to six months. If the petitioner files before the order expires, they can file for a six-month extension.

Maryland Peace Order Laws – Penalties for Violation

Maryland peace orders work because the penalties for violations are substantial. Law enforcement officers can arrest violators without a warrant if they have probable cause. Violation of a Maryland peace order is a misdemeanor. Violations of temporary peace orders and final peace orders may also result in a contempt charge. Penalties include:

• First violation: Up to 90 days in jail and a fine of up to $1,000
• Any violation after the first: Up to one year in jail and a fine of up to $2,500

Providing false information when filing for a peace order is a misdemeanor. It’s punishable by up to 90 days in jail and a fine of up to $1,000.

Maryland Peace Order Laws – Review

Peace orders offer protection for victims to help them reclaim their lives. The table below recaps important information about Maryland peace orders.

Note: Maryland laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. To confirm current codes, please consult a Maryland peace order attorney or conduct your own legal research.

Maryland Peace Order Laws: Related Resources

• Maryland Protective Orders Laws
• Protective Orders and Restraining Orders – An Overview
• Maryland District Court Locator
• Maryland District Court Commission’s Office Locator (for Interim Peace Orders)
• Peace Order or Protective Order? – Maryland Courts

Questions About Peace Orders? A Maryland Attorney Can Help

If you’re having problems with a Maryland protective order case, getting legal help is a good idea. A Maryland peace order attorney can assist you in getting the order you require.

Facing a criminal case for violating a peace order? The charges against you are serious. A Maryland criminal defense attorney can review your case, explain your options, and stand with you in court.