Peace Orders vs. Protective Orders in Maryland

 Posted on February 14, 2025 in Family Law

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.

Who Can Obtain a Protective Order or Peace Order?

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.  

How is Abuse Defined for the Purpose of Protective Orders and Peace Orders?

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.

What Relief is Available Under Protective Orders and Peace Orders?

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:

• May not go to the victim’s home.
• Must leave the victim’s home if the parties are married or living together (if the victim’s name is also on the rental agreement or mortgage)
•  Custody of the children of the parties will be awarded to the victim, at least temporarily.
• Temporary visitation for the parent who is the alleged abuser will be established.
• Emergency financial maintenance and the use of any jointly owned vehicles will be given to the victim.  
• The alleged abuser must obtain counseling, surrender all firearms, and pay all filing fees and court costs.  

Under a peace order, the alleged abuser must:

• End all contact with the victim
• Refrain from committing abuse or threatening to commit abuse
• Stay away from the victim’s school, place of employment, and home
• Obtain counseling
• Pay all filing fees and court costs

Where Are Protective Orders and Peace Orders Filed?

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.  

Contact a Montgomery County, MD Family Lawyer

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