Your Safety Matters: Learn About Protective Orders
You are not alone. If you’re facing abuse or threats, protective orders can help provide safety and peace of mind. Maryland offers several options to fit your situation, and Heartly House is here to guide you every step of the way with compassion and support.
Protective orders are legal tools that can help increase safety by setting court-ordered boundaries between individuals in relation to physical harm (not emotional or mental). In these cases, the person asking the court for protection is called the Petitioner, and the person the order is filed against is called the Respondent. This page explains two types of protective measures available in Maryland – Protective Orders and Extreme Risk Protective Orders – each of which is outlined below.
Maryland also offers Peace Orders, which apply to situations involving people who are not family members or intimate partners, such as neighbors, coworkers, or acquaintances. If you need help navigating the court process, you can download the Maryland Court Help App, which brings together tools and resources from the Maryland Judiciary and trusted partners.
Whether or not you believe that filing for a Protective or Peace Order is the right choice for you, we encourage you to call our 24-hour hotline to talk through your options and create a personalized safety plan.
Protective Order
A protective order is a court order that says one person must refrain from doing certain acts against another person. It’s Maryland’s version of a restraining order or stay-away order. You can obtain a protective order from either the District Court or Circuit Court in Frederick County.
Types of Protective Orders:
Interim Protective Order
An interim protective order is available when courts are closed. It is granted at the District Court Commissioner’s Office, which is open 24/7 and remains in effect until a temporary hearing, which must be held “on the first or second day on which a District Court judge is sitting after the issuance of the interim protective order.”
Temporary Protective Order
A District Court or Circuit Court judge can issue a temporary protective order. This offers immediate protection to the petitioner while awaiting a final protective order hearing.
Final Protective Order
A final protective order is the most comprehensive form of legal protection available in Maryland. It can be issued by a District Court or Circuit Court judge after a formal hearing. Final protective orders can last up to one year (or less), with provisions for extensions under certain circumstances.
Eligibility:
To be eligible for a Protective Order, you, as the victim or “petitioner,” must have been a victim of abuse as defined by Maryland law. This includes:
- An act that caused physical harm
- An act that placed you in fear of imminent, serious bodily harm
- Assault in any degree
- Completed or attempted rape or sexual offense
- Stalking
- False imprisonment – keeping you somewhere against your will
- Revenge Porn
The “respondent” is the alleged abuser and the person against whom the protective order is filed. The client does not have to be living together with the respondent. A former spouse is eligible regardless of how long the abused person and the abuser have been separated or divorced.
Relief can include, but is not limited to:
- Not to abuse and/or threaten to abuse
- Limit contact and prohibit harassment
- Vacate residence
- “Stay aways”
- Home
- School
- Work
- Child care provider
- Home of another family member
Extreme Risk Protective Order
An Extreme Risk Protective Order (ERPO) is a civil court order that can be requested when there is fear that someone may harm themselves or others with a firearm and temporarily requires that person to surrender any firearms or ammunition to law enforcement and prohibits them from purchasing or possessing firearms or ammunition.
Who can file an ERPO?
- Spouse
- Cohabitant
- Relative by blood, marriage or adoption
- Person with child(ren) in common
- Current dating or intimate partner
- Current or former legal guardian
- Law enforcement officer
- Medical professional who has examined the respondent.
Who can an ERPO be filed against?
- A person who poses an immediate and present danger of causing personal injury to self or others by having firearms (including minors).
Factors that show possible risk include, but are not limited to:
- Alarming behavior and statements
- Unlawful firearm possession
- Reckless or negligent firearm use
- Violence or threats of violence to self or others
- Violating peace or protective orders
- Drug and/or alcohol abuse
Interested in Learning more?
Our online resources can help you to understand, identify, and prevent abuse.