Protective Orders in Maryland- Frequently Asked Questions

Frequently Asked Questions Protective Orders in Maryland

Here are the frequently asked questions about protective orders.  Contact our experienced family law team to learn more about protective orders in Maryland.

Can I submit the petition online?

The following places are where a petitioner may submit one electronically:

1. Program for preventing and assisting domestic violence
2. Program for preventing and assisting sexual assault
3. Program for preventing and assisting human trafficking
4. Center for Child Advocacy
5. Program for vulnerable adults
6. The medical facility where the petitioner is being treated
7. A different place permitted by the court

If you file an electronic petition during regular business hours, the court will schedule a video conference hearing for the next working day. If you submit the petition after business hours, the court will hold the hearing on the next working day it is open.

How long will the final protective order remain in place?

The duration of the protective order will be specified in the final protective order. The protection order typically has a one-year maximum duration. The protection order may last for two years if the other party agrees. There are a few situations where the order could become permanent (see the next question). Knowing when the restraining order has ended is crucial. Maryland law enforcement or courts cannot enforce an expired protective order.

Can I obtain a long-term restraining order?

A permanent protection order may be obtained against a person once an interim, temporary, or final protective order has been made against them under the following conditions:

• The individual who committed the abuse, which led to the issuance of the protection order, was found guilty and received a minimum 5-year prison sentence. This individual has now served at least 12 months of their sentence;
• The abuse occurred against the relief-eligible person while the protection order was in effect. The court found the abuser guilty, imposed a minimum 5-year prison sentence, and the offender has served at least 12 months of their sentence.

What happens if the restraining order is violated?

Call the police immediately if the respondent calls you or continues to harass you. If respondents disobey orders, the court may charge them with misdemeanors and impose fines of up to $500 or jail terms of up to 90 days if they are found guilty. The court will impose enhanced penalties for a second or subsequent offense of violating the protective order.

You can think about requesting contempt of court if the respondent disobeys the Protective Order by failing to pay the mandatory Emergency Family Maintenance. If you petition for contempt, the court will hold a hearing. If the judge finds that the respondent has violated the terms of the Order, the judge will require the respondent to pay you any Emergency Family Maintenance owed. The judge may issue a wage withholding order that is both immediate and ongoing.

Can you modify a restraining order?

You can request a protective order modification in court. All affected parties who qualify for relief, as well as the respondent, must be notified. The matter must be heard.

Should I make changes to my protection order or get a new one?

Your particular situation’s facts and circumstances will determine whether you should request a new protective order or alter your current one. It makes sense to consult with legal counsel.

Can a protective order be revoked or terminated?

You can ask the court to revoke a protection order. All affected parties who qualify for relief, as well as the respondent, must be notified. There must also be a hearing.

Can I request a protective order?

Yes. The circuit court in the county where the district court is located can hear an appeal if a District Court grants or denies the protection order. The circuit court hears appeals on a case-by-case basis (meaning a new trial).

The Appellate Court of Maryland can hear an appeal if a circuit court upholds or rejects the protection (formerly the Court of Special Appeals).

Can a restraining order be extended?

The Court, in certain situations, may extend a Protective Order’s duration.

You may extend a protective order for an additional six months after a hearing and upon showing good reason. The judge may decide how to define “good cause shown” in every situation. Although Maryland law does not clearly define “good cause,” convincing case law from other jurisdictions shows what would qualify.
You may ask to have the Protective Order extended for up to two years if the Respondent abuses you while it is in force.

Can you receive the same protection at every level of the case?

Not quite. At each level of the case, you can obtain particular distinctions in the forms of protection. Judges have the authority to order various forms of relief depending on whether it is an interim, a temporary, or final order.

Also, be aware that each order has a different validity duration. The two times interim orders typically expire are the temporary protective order hearing or the end of the second business day after issuance, whichever comes first. Temporary protective orders typically last no longer than seven days, though the judge may extend them for up to six months if necessary to serve the abuser or for a good cause. A final protection order typically lasts up to a year, but a court can extend it for an additional two years.

Following my protection order, the circuit court granted a custody and visitation decree. Which one do I have to follow?

ny subsequent circuit court orders about custody, visitation, use, and possession, and Emergency Family Maintenance will supersede the terms of the final protective order.

My restraining order originated in another state. Will Maryland uphold my restraining order?

Maryland will enforce a protective order issued by a court in another state or a Native American tribe. However, an out-of-state or international protective order is upheld only to the extent that Maryland Code 4-506 of the Family Law Article permits the relief it grants. Remedies allowed under Maryland law are the only ones enforced, as some states offer forms of relief not available in Maryland.

I’m planning to leave the state. Will another state uphold a Maryland protective order?

Yes. The Clause of Full Faith and Credit in the U.S. Constitution and the Federal Violence Against Women Act According to the Constitution, legal protection orders from Maryland are enforceable in other states. Verify the other state’s legislation because there can be limitations or additional requirements.

Does a protective order differ from a restraining order?

Different states’ laws do not necessarily have the same language. A protective order may also be a restraining order in another state. The phrase “protective order” is used in Maryland.

Can the court appoint orders of mutual protection?

The petitioner is the only party to whom the court can make an order. Therefore, mutual orders are possible only if both parties have requested a protection order. If so, the court may make mutual orders if it determines that mutual abuse occurred and that both parties behaved as the principal aggressors, with neither party acting mainly in self-defense, by a preponderance of the evidence (i.e., more likely than not).

With my protective order, I was given temporary custody. Can I bring my children outside the state?

You might need to ask the court for permission before leaving. This depends on the conditions of the custody provision in your protective order, whether the abuser has visitation or custody rights, and other factors.

If you’re confused about whether you can take your children out of the country, consult with a lawyer familiar with domestic abuse cases and child custody rules. This is the best course of action for you and your children.

Can I have my Maryland protection order enforced in another state?

Another state can enforce a Maryland protection order that satisfies federal requirements and is in effect. Federal law, known as the Violence Against Women Act, requires all state and tribal courts in the U.S., including those in U.S. territories, to give ‘full faith and credit’ to all legally binding protection orders issued in the country.