Guide to Obtaining a Protective Order Maryland

Protective Order Types and Process

Maryland law provides three stages of protective orders that vary by urgency and duration. Each stage offers increasing levels of protection as the case progresses through the courts:

• Interim Protective Order: Issued by a District Court Commissioner when courts are closed. It provides immediate protection until a judge is available.
• Temporary Protective Order: Granted once the courts reopen and remains in effect for up to seven days, or until the final hearing.
• Final Protective Order: Issued after a full court hearing where both sides present evidence. It can last up to one year and may be extended if the court finds continued risk.

These stages ensure swift safety measures while upholding due process for all parties involved.

What Are the Maryland Rules for Protective Orders?

Maryland’s rules on protective orders are called The Maryland Rules for Protective Orders. They can be found in the Rules of Procedure for Family Law Matters under Rule 4-402.

The Maryland Rules for Protective Orders are similar to the Federal Rules of Civil Procedure (FRCP), but with these significant differences:

• Under Rule 4-402(a), a party may file a protective order request with the court if another party has an immediate threat of abuse or harassment against them.
• A protective order request may also be filed if there is an immediate threat against someone other than the party filing for protection if such an action may jeopardize that person’s safety.
• In addition, Rule 4-402(b) states that a protective order request can be filed even if criminal charges have not been filed against anyone. This rule applies even if both parties agree not to pursue criminal charges. However, this does not mean that both parties agree on whether the court should issue a protective order.

Can the Court Issue a Mutual Protective Order?

A judge may issue a mutual final protective order only if the court makes a detailed finding that both parties acted primarily as aggressors and neither party acted primarily in self-defense. Mutual orders are not automatic and require specific factual findings by the judge.

How Long Do Protective Orders Last in Maryland?

The duration for which a protective order lasts depends on whether you are requesting an ex parte emergency protective order, an extended emergency protective order, or a final protective order.

An emergency protective order lasts until its expiration date unless another judge extends it later. An extended emergency protective order lasts until its expiration date. But it cannot exceed two years in length, no matter when it was issued. From a final protective order hearing, it expires automatically after one year unless another judge has extended it at least 60 days before its expiration date.

For all types of protective orders (ex parte, emergency, and final), only one extension can be granted per case without additional evidence being presented to the court for review and approval before granting any subsequent extensions beyond the initial temporary protective order hearing.

What to Do if You Receive a Protective Order

Receiving protective orders can be a life-altering experience. However, it is highly recommended not to ignore a protective order in Maryland, even if it is an interim protective order, because of the following reasons:

• If convicted of violating a domestic violence protective order, you could spend time in jail. This is because domestic violence, just like imminent serious bodily harm, is a serious crime in Maryland.
• You could lose your rights to see your children if you ignore the terms of your protective order. The judge may also award temporary custody of any children to the petitioner.

A judge determines whether to grant a final protective order after a formal hearing from both parties. However, you can still submit an appeal after the final hearing.

Contact a criminal defense lawyer at Paolo Gnocchi of Scrofano Law PC today to discuss your rights and options.

What You Should Know About Violating a Maryland Protective Order

If you violate a protective order in the State of Maryland, you could be arrested and charged with a crime. A violation of a protective order is a misdemeanor in Maryland.

Violating this type of order can result in severe consequences if convicted of such an offense. For example, a person who violates a protective order could face up to three years in prison, a $1,000 fine, or both penalties for each order violation.

A person who violates the protective order more than once within two years could face up to 5 years in prison, a $2,500 fine, or both penalties for each count of the violation.

Consult our domestic violence attorney if a law enforcement officer has arrested you for violating a protective order.

Talk to a Maryland Protective Order Lawyer

Protective order cases in Maryland can move quickly. A court decision may affect custody, housing, firearm rights, and related criminal charges. 

Whether someone is seeking protection or responding to allegations, it is important to understand how the process works and what evidence may matter during a hearing. Maryland courts can issue interim, temporary, or final protective orders depending on the facts of the case and the level of risk involved. 

Scrofano Law PC represents clients in protective order proceedings across Maryland and helps individuals understand their legal options, court procedures, and the possible consequences tied to these cases.