Between January and August 2022, 311 protective orders were issued in the state of Maryland, and 344 were issued between January and August 2023. The category contributing to the largest percentage of this increase involved claims of stalking. While the terms peace order and protective order are often used interchangeably, they are not the same, even though they are both civil orders issued by a judge.
Many people still think of these types of orders as "restraining orders," although that is no longer the terminology in Maryland. Those seeking a protective order or peace order may only qualify for one or the other, but not both. If you are unsure whether you need a protective or peace order, speaking to an experienced Gaithersburg, MD family law attorney can be beneficial.
A peace order is sought by abuse victims who are not eligible for a protective order. In some situations, an employer can ask the court for a peace order for an employee who is receiving threats or is a victim of violence in the workplace.
Protective orders are those sought by a former spouse or cohabitant of the alleged abuser, a person related by marriage, blood, or adoption, a child or stepchild (or parent or stepparent) of the alleged abuser, a vulnerable adult, a person engaged in a romantic relationship, or a person who has a child with the alleged abuser.
Under Maryland law, in the context of protective orders, abuse involves an act that causes significant bodily harm or places an individual in fear of significant bodily harm. Other types of abuse include stalking, assault, false imprisonment, rape or other sexual assault or offense or attempted rape or other sexual assault or offense, and abuse of a child or vulnerable adult.
"Abuse" for the purpose of a peace order includes all of the above as well as harassment, trespass, visual surveillance, revenge porn, destroying property in a malicious manner, and misuse of telephones, electronic communications, or computers. It must be shown that abuse occurred and is likely to occur again when asking for a peace order.
While both orders tell the abuser that he or she must refrain from committing certain acts against the victim, a protective order is much more extensive. Under a protective order, the alleged abuser must cease all contact with the victim and refrain from threatening or committing abuse and:
Under a peace order, the alleged abuser must:
A protective order is filed in the Circuit Court or District Court and can be filed at any time after the act of abuse. A peace order can only be filed in District Court and must be filed within 30 days of the alleged abuser’s acts of abuse. There is no filing fee for a protective order but both a filing fee and a service fee for a peace order.
Speaking to a Rockville, MD protective order attorney from Diamant Gerstein, LLC is the very best step you can take to protect yourself from an abuser. Our attorneys are lifelong residents of Montgomery County and have strong community ties. We are on the Maryland Super Lawyers List, answer our calls personally, and are very hands-on with our cases. Call 301-560-2685 to schedule an initial attorney meeting. Se Habla Espanol. אנחנו מדברים עברית
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