Maryland Protective Orders Laws

By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by FindLaw Staff | Last reviewed April 16, 2025

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

Maryland protective order laws protect people from any form of abuse committed by a member of the household or cohabitants. These include acts of sexual assault, harassment, stalking, and other forms of domestic violence. The state offers three types of protective orders: interim, temporary, and final. Each offers specific protection and duration.

If you are in imminent danger, you should contact your local police right away. Once you are in a safe place, a domestic violence attorney can help you get a protective order or restraining order and explore other legal options.

The protective order laws in Maryland have a wide range of legal protections. These state laws aim to secure people from abuse committed by a member of the household or a cohabitant. It gives protective measures to people experiencing various forms of abuse, including sexual assault, harassment, stalking, abuse, and other sexual offenses. Maryland offers comprehensive protection to victims of domestic violence. State law gives penalties and fines for those found guilty of these criminal charges.

If you or your family member is experiencing domestic violence, seek legal help through various hotlines.

This article provides a comprehensive overview of Maryland's protective order laws and the steps for getting protection.

Maryland Protective Order Overview

Like most states, Maryland's protective order system is under state law, particularly Maryland's family law. Although most details related to protective orders are similar across the country, certain provisions in each state make it unique. For instance, Maryland law has three types of protective orders: interim, temporary, and final. Each protective order serves a different purpose and is effective for varying time frames.

The table below gives an overview of provisions related to protective orders in Maryland.

Eligible people

Maryland Family Law §4-501 makes the following people eligible to file for protective orders:

  • Current or former spouses
  • Cohabitants living together for at least 90 days in the past year.
  • Those related by blood, marriage, or adoption
  • Parents sharing a minor child
  • Vulnerable adults
  • Current or former sexual partners
  • Victims of sexual assault
  • Stepparents and stepchildren who lived together for at least 90 days in the previous year

Note that cohabitants mean those who had a sexual relationship with the respondent and lived with them for at least 90 days a year before filing the protective order.
Types of abuse covered

Under Family Law §4-501(b)(1), the following are acts of abuse:

  • Assault
  • Acts that cause fear of imminent serious bodily harm
  • Acts that cause serious bodily harm
  • Rape or sexual offense
  • Stalking
  • False imprisonment
  • Mental injury to a child
  • Revenge porn
Available relief

Maryland Family Law § 4-506(d) offers various forms of relief through protective orders. This includes:

  • Stay away requirements
  • No-contact provisions
  • Temporary custody of children
  • Emergency family maintenance
  • Use and possession of the home
  • Counseling requirements
  • Surrender of firearms
  • Temporary possession of pets
  • Temporary use and possession of vehicles
  • Other relief necessary to protect a person from abuse
Mandatory arrest

Maryland Family Law § 4-509(f) mandates law enforcement officers to arrest if they have probable cause to believe a person violated a protective order. The officer can arrest the person with or without a warrant. This applies to all types of protective orders.

Types of Protective Orders in Maryland

Maryland has three different types of protection orders. Each order serves a specific protective purpose. They differ based on the timing and circumstances surrounding each case.

Interim Protective Order

The District Court Commissioners issue interim protective orders when courts are not available. Any person seeking protection can get an interim protective order 24/7. It's valid until the court can hold a temporary hearing, often at the end of the second business day. To secure this protective order, there should be a reasonable ground to believe that abuse happened.

Temporary Protective Order

The courts can issue a temporary protective order ex parte without the presence or notice of the alleged abuser. It's valid for up to seven days and requires reasonable grounds to believe the abuse happened. After issuance, the court schedules a final temporary protective order hearing within seven days. This type of protective order includes temporary provisions related to safety and custody.

Final Protective Order

This type of protective order requires clear and convincing evidence that abuse happened. It is often valid for up to 12 months. You can extend it for up to two years with good cause. In some cases, a final protective order can also become permanent and may include an order for various forms of relief. The victim and the alleged abuser have the right to be at the final protective order hearing.

The judge may also issue a mutual protection order if, by a preponderance of the evidence, the judge finds that mutual abuse happened.

Criminal Penalties for Violations of Protective Orders

Maryland Code gives fines and prison sentences for those found guilty of violating protective orders. The penalties increase for subsequent violations.

First offense
  • Fine not exceeding $1,000
  • Imprisonment up to 90 days
  • Or both
Second or subsequent offense
  • Fine not exceeding $2,500
  • Imprisonment up to one year
  • Or both

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Immigration Considerations

A non-U.S. citizen violating a protective court order can also suffer from immigration consequences. The violation can affect their immigration status. Victims of domestic violence can also seek special immigration remedies.

Related Resources:

Seek Legal Advice

If you or someone you know are victims of domestic violence in Maryland, you can seek support from various resources. Contact your local authorities for immediate help or the House of Ruth Domestic Violence Hotline (410-889-7884). You can also speak with a family law attorney to learn more about your legal protections.

For those facing charges related to violating the protection order, do not delay seeking legal help. A Maryland criminal defense attorney with experience handling protective orders can assess your criminal case and give you the legal help you need.

Was this helpful?

Can I Solve This on My Own or Do I Need an Attorney?

  • Complex criminal defense situations usually require a lawyer
  • Defense attorneys can help protect your rights
  • A lawyer can seek to reduce or eliminate criminal penalties

Get tailored advice and ask your legal questions. Many Maryland attorneys offer free consultations.

 

If you need an attorney, find one right now.

Helpful Links

Popular Directory Searches