Published on 2/13/2026, 11:51:00 AM
How to Beat a Violation of a Protective Order in Maryland
Getting arrested for violating the order is scary because it feels like the rules changed overnight. In Maryland, the order can control where you live, who you can contact, and what you can do around your home, work, or kids. When the State says you broke an order, the case is usually treated as a misdemeanor. This can turn into a criminal case fast.
This article sticks with regular protective orders, not military orders. If you want the basics on how Maryland protective order these cases start, see our overview of protective orders.
The statute and maximum penalties
The key statute is Family Law § 4-509. It applies if a person fails to comply with the relief granted in an interim protective order, a temporary protective order, or a final protective order. For a first offense, the maximum penalty is 90 days in jail and a $1,000 fine. For a second or subsequent offense, the maximum is 1 year in jail and a $2,500 fine. The statute also says the conviction does not merge with a conviction for any other crime based on the same act, and a judge may impose a separate sentence that runs consecutive to or concurrent with the sentence for that other crime.
One overlooked consequence is that the same incident can lead to more than one charge, so your plan has to cover everything the State filed.
What kind of order are we talking about?
People use “restraining order” as a catch-all phrase. In other contexts, a civil restraining order might come from a different type of case and different rules. Some states call it an order of protection, and you will also hear the term protection order in casual conversation. In family cases here, the order is called a protective order, and it is issued on behalf of the petitioner. If the case is not family realted you are likely facing a violation of a peace order
A petitioner can file a petition at the courthouse to obtain an order. The applicant has to show they are eligible for relief under the domestic violence statute. Many petitions claim a threat, even when the facts are messy. If the court believes immediate protection is needed, the court may order short-term limits first, then schedule a full hearing. If you want a quick comparison to a peace order, read protective order vs peace order.
What the State must prove in court
In a criminal case, the burden of proof is on the State. The prosecutor has to show every element beyond a reasonable doubt. In practical terms, the State must show:
- A valid order was in effect at the time alleged.
- You had notice of the order (typically this involves proving you were served) and understood the key terms.
- Your conduct crossed a specific line the order set.
The Maryland Criminal Pattern Jury Instructions list the basic elements the State has to show for this charge.
If the State cannot prove their case, the judge should find you not guilty.
Trial strategies that can help you beat the charge
There is no quick order to get a dismissal just because both sides cooled off. The best defense is usually built from the paperwork, the timeline, and what can be proven in the courtroom.
1. Read the order like a checklist
Start with the exact language. The order law is the language on the page, not what either side “thought it meant.” An order could bar all contact, or it could allow contact about a child through a parenting app. If the State is going to allege you broke a part of the order that is not actually written there, that is a strong defense theme.
2. Challenge notice and service
Many cases rise or fall on notice. Service rules matter because service can be treated as actual notice. If the State’s evidence on notice is thin, your lawyer can push hard on when you were served, what you were told, and whether the paperwork matches the charge. The court will usually care a lot about whether you had a fair chance to understand the rules before the State claims you violated them.
3. Pin down the communication evidence
A lot of claims are about contact. The State may point to an email, an email chain, a text message, or a call log. If the charge is based on communications, save the full thread, not a single screenshot. Also get the police reports early so you can compare what was reported to what actually happened.
If there is a claim you left messages, save the voicemails and the voicemail metadata. If location is in dispute, your lawyer may want phone records to show where you were. Medical records can matter too if they confirm you were at a medical appointment or in a hospital.
4. Cross-examine the petitioner and other witnesses
Sometimes the petitioner is upset about custody, money, or a breakup, and the story changes from the petition to the hearing. Sometimes the accuser is honestly mistaken. Sometimes the accuser exaggerates or leaves out context. Your lawyer can scrutinize the timeline, lock the witness into details, and then use documents to disprove the allegation. When the only evidence is one person’s testimony, credibility is everything.
5. Put the “why” in front of the judge
These cases often overlap with domestic violence cases and other family disputes. A judge is not supposed to decide the criminal case based on vibes, but context matters when deciding whether something was intentional or accidental. For example, if you did not threaten anyone, did not stalk anyone, and kept your distance, that helps. On the other hand, if the State says you went looking for contact, expect them to aggressively argue intent.
Also keep an eye on related charges. An order case can show up alongside an assault charge, trespass charges, or harassment charges. Even if the maximum on § 4-509 is one year, combined cases can still add up to years in prison.
How hearings work and what to do next
If you are charged under § 4-509, there may be both a family hearing and a criminal hearing. At an order hearing, the judge can listen to both sides and enter an order that clarifies the rules going forward. Sometimes the judge will extend a temporary order if the case cannot be heard as scheduled.
At the hearing, you get an opportunity to present your side, including documents and, if appropriate, present witnesses. One common ground for a defense is showing that the State’s story does not match the records.
The court can set conditions of release, including no contact, while the case is pending. If you need to understand related cases, see our pages on misdemeanor defense and probation violations.
When to hire a lawyer
If you have been charged, consult legal counsel early. Good counsel can help you defend the charge without making the family case harder. A good attorney will build the timeline, gather the records, and decide what needs to be challenged. As a client, you should bring every version of the order, your messages, and any paperwork you received, and ask your attorney what you should not say on the record at the next hearing.
In some cases the petitioner will show up with an advocate, and you may feel outnumbered. That is exactly why you should consider hiring a defense lawyer who lives in this space.
If you want help, contact us for a free consultation.
FAQs
Q: Can the petitioner “drop” the order?
A: Yes, but only after a Court hearing. Violations can still be charged and prosecuted even if the order is rescinded or overturned on appeal. Once the court enters an order, only the judge can change it. If you want it modified, your attorney can ask the court to schedule an order hearing.
Q: What if the petitioner contacted me first?
A: Save the messages and bring them to your attorney. Even if the other side reaches out, do not violate the order and let your attorney address it in court.
Q: Is a restraining order the same thing?
A: People say “restraining order,” but Maryland has specific categories, including protective orders and peace orders. The category matters because it affects what relief is available and how the order is enforced.
