How to Get a Protective Order in Maryland

A survivor-first guide explaining Maryland’s protective order process.

Understanding Maryland Protective Orders

What Maryland Protective Orders Are

In Maryland, a protective order is a civil court order that can help reduce contact and increase safety when someone is being harmed, threatened, or abused by a person close to them. It is separate from criminal charges, although both can sometimes happen at the same time.

A protective order can place rules on the person causing harm, such as limits on contact, staying away from certain places, or temporary arrangements for children or a shared home. The details of what is possible depend on the situation and current Maryland law.

Who Typically Qualifies

Maryland law sets out specific types of relationships and situations that may qualify for a protective order. In general, people who may qualify often include those who:

• Are or were married to the person causing harm
• Are or were in an intimate or dating relationship with them
• Live or lived together in the same home
• Have a child in common
• Are closely related by blood, marriage, or adoption
• Experienced certain criminal acts or serious threats from that person

Filing Process in General Terms

The exact steps and forms can vary by county, but the process in Maryland often follows this general pattern:

1. Requesting a Temporary (Interim or Temporary) Protective Order

• A person usually starts by filing a petition in a District or Circuit Court, or at a commissioner’s office when courts are closed.
• The judge or commissioner reviews the information and may issue an interim or temporary protective order the same day if the legal standard is met.
• These short-term orders are meant to provide immediate safety until a full hearing can be held.

2. Service on the Other Person

• The person named in the order (the respondent) must be “served” with the papers so they know about the case and the hearing date.
• Service is usually done by law enforcement or another authorized person, not by the person asking for protection.
• The temporary protections typically do not become fully enforceable until the respondent has been properly served, though rules can vary by situation.

3. Final Protective Order Hearing

• The court schedules a hearing, usually within a short time after the temporary order is issued.
• Both sides have a chance to speak, bring information, and explain their version of events.
• The judge decides whether to issue a final protective order and what protections it should contain, based on Maryland law and the evidence presented.

Possible Relief Options

What a Maryland court can include in a protective order is limited by statute and by the facts of the case. Some common types of relief that may be requested include:

• No-contact provisions: Restricting phone calls, texts, social media messages, and third-party contact, except as the court may allow for specific reasons.
• Stay-away provisions: Requiring the person causing harm to stay away from the home, workplace, school, or other important locations.
• Use and possession of the home: In some situations, the court may grant one person temporary use of a shared residence.
• Temporary custody or visitation arrangements: Short-term decisions about where children will live and when each person can see them, focused on safety.
• Emergency family maintenance (support): In some cases, there may be temporary financial support orders.
• Firearms restrictions: Maryland law may require or allow limits on firearm possession for the person subject to the order.

Duration of Maryland Protective Orders

The length of time a Maryland protective order can last depends on the type of order and the specific circumstances. In general terms:

• Interim or temporary orders usually last only until the next court date or for a short period of time, to bridge the gap until a full hearing.
• Final protective orders can last longer, often months to a year or more, and in some situations may be extended or, in limited circumstances, made permanent under Maryland law.

Because time limits and extension rules are set by statute and may change, personalized guidance from a Maryland legal aid organization is important.

Checking Details with Maryland Legal Aid

Maryland’s protective order rules are specific and can change as laws are updated. The information above is general and not legal advice. It does not guarantee what a court will do in any individual situation.

For clear, current information about who qualifies, which forms to use, and what relief might be available, it can be helpful to contact:

• A local Maryland legal aid office
• A community legal clinic or duty counsel program at the courthouse
• Trusted service providers listed by Maryland courts or community organizations

Additional support options across the U.S. and Canada can be found through resources listed at DV.Support. These services may help with safety planning and referrals, while Maryland legal aid can give state-specific legal information.

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