Published on 11/10/2025, 4:00:00 PM

Protective Order vs Peace Order in Maryland: Quick Guide

Quick answer: A protective order is for certain relationships and can cover a wide range of abusive acts with strong court powers. A peace order is for non‑qualifying relationships, is more limited in duration, and covers most of the same conduct as a protective order.

Updated for 2025

Who qualifies

• Protective order: For specific relationships, such as spouses, former spouses, people related by blood, marriage, or adoption, parents of a child, cohabitants in a sexual relationship, vulnerable adults, and certain recent sexual assault situations. See our full overview: Protective orders.
• Peace order: For people who do not fit the protective order relationship list. It is a civil order that addresses defined kinds of conduct between people who are not in those qualifying relationships.

What each order can cover

• Protective order:
  • No contact and stay‑away rules from home, work, or school
  • Vacating a shared residence, firearm surrender, support, and limits on child access
• Peace order:
  • Designed for non‑domestic relationships with specific alleged acts

How the process starts

1. Petition is filed with a commissioner (available after hours) or with a District or Circuit Court judge when court is open.
2. Temporary or interim order may issue on a low proof standard.
3. A final hearing is set quickly where both sides can present evidence.

Hearing flow and what to bring

• Bring documents, photos, screenshots, call logs, medical records, and witnesses if available.
• Expect questions about the relationship (for protective orders) or the specific conduct (for peace orders).
• Be ready to discuss safe contact terms, living arrangements, and any children’s schedules if relevant.

How long orders can last

• Protective order: A final order can last up to a year and may be modified or extended.
• Peace order: A final order can last six months at most.

Violations

• Violating a protective order can lead to criminal charges and jail exposure. Only the court can change the order, not the people involved.
• Peace order violations can also lead to criminal consequences when the order is active.

Practical tips

• If you receive papers, read every page and follow the terms right away.
• Do not contact the other person unless the order clearly allows it.
• Decide with your lawyer whether to contest, consent, or negotiate limited terms.
• If a related criminal case exists, discuss your right against self‑incrimination before testifying.

Side‑by‑side comparison (remedies, scope, timing)

Topic	Protective order	Peace order
Who can file	Qualifying relationships (see list above)	Non‑qualifying relationships
Covered conduct	Broad “abusive acts” and threatening conduct	Specific, defined conduct in non‑domestic context
No‑contact and stay‑away	Commonly available	Often available but more limited by terms
Vacate shared home	Available	Typically not available
Firearm surrender	Available	Limited and order‑specific
Temporary support	Available	Not typical
Temporary child access limits	Available	Not typical
Duration (final order)	Up to 1 year; can be extended	Six months; may be extended up to another 6 months for good cause
Where filed	Commissioner after hours, or District/Circuit when open	Commissioner after hours; District Court when open
Court hearing final	District or Circuit Court	District Court
Temporary standard	Low threshold based on petition and evidence	Low threshold, but focused on specific conduct
Final standard	Live hearing with evidence and witnesses	Live hearing with evidence and witnesses
Relief scope	Tailored to safety needs	Must be minimally necessary to protect the petitioner or employee
Time window to file	No fixed 30‑day window	Act must have occurred within 30 days before filing
Covers employee at workplace	Not a distinct track	Yes, covers acts against a petitioner’s employee at the workplace
Not available if	—	Petitioner is eligible for a protective order; respondent is a child
Violation	Criminal exposure; enforcement by police/courts	Criminal exposure; enforcement by police/courts when active

Chart: common acts and how they fit

The list below reflects common categories described in petitions. Peace orders require the act to fall within the defined list and the 30‑day look‑back.

Act or conduct category	Protective order	Peace order
Serious bodily harm, or fear of imminent serious bodily harm	Covered	Covered if within 30 days and described in the petition
Assault (any degree)	Covered	Covered if within 30 days
False imprisonment	Covered	Covered if within 30 days
Harassment (repeated unwanted conduct)	Covered	Covered if within 30 days
Stalking	Covered	Covered if within 30 days
Trespass	Covered	Covered if within 30 days
Malicious destruction of property	Covered	Covered if within 30 days
Misuse of telephone	Covered	Covered if within 30 days; see telephone misuse
Misuse of electronic communications	Covered	Covered if within 30 days
Non‑consensual image distribution (revenge porn)	Covered	Covered if within 30 days
Visual surveillance	Covered	Covered if within 30 days

Note: Peace orders are narrower by design. Relief is tied to the conduct described in the petition and the order’s wording.

Peace order: specific acts and 30‑day look‑back

• To seek a peace order, the petition must allege one or more specific acts that occurred within 30 days before filing. Common examples include:
  • Serious bodily harm or fear of imminent serious bodily harm
  • Assault (any degree) or false imprisonment
  • Harassment or stalking
  • Trespass or malicious destruction of property
  • Misuse of telephone or electronic communications
  • Non‑consensual image distribution (often called “revenge porn”)
  • Visual surveillance
• A peace order does not apply if the petitioner is eligible for a protective order based on the relationship. Juvenile respondents are handled outside the peace order process.

Peace order timelines and relief basics

• Interim peace orders: Issued by a commissioner when court is closed; they last until the temporary hearing or the second business day the court is open.
• Temporary peace orders: Generally take effect for up to 7 days after service; they can be extended as needed, up to 30 days, to complete service or for good cause.
• Final peace orders: Default term is 6 months. For good cause, a judge may extend a final order for up to an additional 6 months.
• Relief is tailored to be minimally necessary for safety and can include:
  • No contact and no harassment
  • Stay‑away from home, work, school, or temporary residence
  • No entry into the petitioner’s residence

Evidence, proof, and shielding notes

• Temporary stage: Judges and commissioners can act on a short record. Bring what you have and be concise.
• Final hearing: Expect cross‑examination, exhibits, and a clearer record. Preparation matters.
• Shielding: If you consent and comply fully, you may later ask the court to shield the matter from public view in some situations. If you fight and lose at a final protective order hearing, shielding is generally not available.

How these orders interact with criminal cases

• Parallel cases are common. An assault, stalking, or harassment allegation can support both an order and a criminal charge.
• Statements at a final hearing can be used later. Speak with your attorney about asserting rights and limiting risk.
• Violations of a final order can create new criminal exposure even if the other person reaches out first.

Penalties and enforcement for peace order violations

• Violating an interim, temporary, or final peace order is a crime.
  • First offense: up to 90 days in jail and up to a $1,000 fine
  • Second or later offense: up to 1 year in jail and up to a $2,500 fine
• Police may arrest with or without a warrant when they have probable cause to believe a violation occurred while an order is active.

Related:

• Protective orders
• Peace orders
• Violation of Protective Order
• Violation of Peace Order
• Recent arrest
• Domestic violence defense

Want a deeper breakdown for your situation? Contact us for a free consultation. We will map the likely path, hearing strategy, and options to protect your home, record, and family.