Shielding Protective Orders in Maryland: What You Need to Know

Protective orders, while essential for safety, can leave lasting public records. In Maryland, shielding offers an option to protect privacy by removing protective order records from public inspection under certain conditions. This guide outlines the criteria, process, and considerations involved in shielding protective orders in Maryland.

What is Shielding?

Shielding involves removing court records of a protective order from public access. This applies to physical records stored in courthouses and electronic information on the Maryland Judiciary website, making it inaccessible to those without legitimate reasons for access. It’s slightly different that expungement; however, you cannot expunge a protecitve order, you can only shield the records.

Court Record Definition

Under Maryland law, “court record” refers to official documents maintained by court staff and includes:

Indexes, docket entries, petitions, orders, and judgments
Any electronic records related to the proceeding

Once shielded, the information is stored in a secure area where unauthorized individuals cannot access it, including complete removal of digital traces from the Maryland Judiciary’s public website.

Who Can Request Shielding?

Both petitioners and respondents in a protective order proceeding can request shielding if:

The petition for a protective order was denied or dismissed at any stage.
The respondent consented to a protective order but wishes to shield the record after the order expires.

Eligibility and Requirements for Shielding

The criteria for shielding differ depending on the case outcome:

1. Denied or Dismissed Protective Orders

If a protective order petition was denied or dismissed at the interim, temporary, or final stage, either party can request shielding. The requirements are:

Timing: The request cannot be made until 3 years after the denial or dismissal unless the requesting party waives all related tort claims.
Conditions for Shielding: After a hearing, the court may grant shielding if:
- The petition was dismissed.
- No previous protective or peace order was issued against the respondent involving the petitioner.
- The respondent has no related criminal convictions.
- There are no ongoing protective orders or criminal charges related to abuse against the petitioner.

2. Consented Protective Orders

If the respondent consented to a protective order, they can request shielding after the order’s expiration. Conditions include:

Petitioner’s Consent: Shielding is possible only with the petitioner’s consent, or if the court determines that future abuse risk is low.
No Violations: The respondent must have complied with the order, without violations during its term.
No Prior Orders or Convictions: There must be no prior protective orders, peace orders, or criminal convictions related to abuse against the petitioner.

Balancing Privacy and Community Safety

In cases involving objections or on the court’s own motion, the court may deny shielding if it finds good cause. The decision balances privacy concerns against potential risks to the community and the petitioner.

The Shielding Process

File a Written Request: The petitioner or respondent files a request to shield the records.
Court Hearing: The court schedules a hearing and notifies the opposing party or their counsel.
Court Order: If conditions are met, the court may order shielding after considering privacy and community safety factors.

Exceptions to Shielding

Some parties, including law enforcement, attorneys of record, and victim service providers, can access shielded records for legitimate reasons. Additionally, records in the Domestic Violence Central Repository are not subject to shielding.

How Shielding Affects Records

After a shielding order, the Maryland Judiciary removes all related electronic information from public access, including:

Names of the parties
Case numbers
References to the protective order proceedings

This shielding offers the petitioner or respondent greater privacy, although specific authorities can still access these records under certain conditions.

FAQs

Q: Can I request shielding immediately after a protective order is dismissed?
A: No, a shielding request cannot be filed until 3 years have passed since the dismissal unless you waive any related tort claims.

Q: Can I shield a protective order if it was issued against me?
A: Yes, if you consented to the protective order and met the conditions (e.g., no violations, no pending charges), you may request shielding after the order expires.

Q: Can employers or the public access shielded records?
A: No, shielded records are removed from public inspection. Only specific parties, like law enforcement and attorneys, may access these records for legitimate purposes.

Conclusion

Shielding protective orders in Maryland can help protect individuals from public exposure while balancing the need for public safety. For those who meet the eligibility requirements, shielding offers a valuable tool for privacy and moving forward without the burden of a public protective order record.

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