Civil Protective Orders in Maryland

In Maryland, protective orders are civil orders issued by a judge that order an abuser from refraining from committing certain acts against a victim. There are three types of protective orders: Interim Protective Orders, Temporary Protective Orders and Final Protective Orders.

When the courts are closed, District Court commissioners may issue interim Protective Orders, which last until a judge holds a temporary hearing. The Interim Protective Order is effective upon service of the Order upon the abuser by a law enforcement officer.

A victim may petition a court to issue a Temporary Protective Order (TPO) and such an Order may be issued ex parte (without the abuser present). A Temporary Protective Order lasts for 7 days; however, a court may extend the Order for up to 6 months. The Temporary Protective Order will state the date of the hearing of the Final Protective Order.

If a court finds by preponderance of the evidence that the abuse alleged in the victim’s petition for a protective order has occurred, or if the abuser consents to the entry of a protective order, the Court may grant a Final Protective Order. Generally, a Final Protective Order is effective for not more than 1 year. The period may be 2 years if the victim had a prior order against the abuser that lasted for at least 6 months, and abuser again engaged in “abuse” against the victim within 1 year of the expiration of the prior protective order. A Final Protective Order may be permanent if the victim had an order against the abuser in the past and the abuser was convicted and served at least 5 years in prison for an incident of abuse against the victim that was the basis of the prior order.

Whether pursuing or defending a civil protective order in Maryland, you must know your rights. Call today to speak to civil protective order lawyer, (410) 415-9333.