[description]: Learn the differences between Maryland peace orders and protective orders, standards, timelines, collateral gun impacts, and violations.
Peace Orders vs. Protective Orders in Maryland
Protective orders arise from family or intimate relationships and can last up to one year with sweeping relief, including firearm surrender.
Peace orders are for non-family/non-intimate situations and typically cap at six months.
Both are civil, but violations are crimes.
Extreme Risk Protective Orders (ERPO) are separate firearm-focused orders with a clear and convincing standard and a one-year firearm prohibition after a final order.
Our firm's extensive experience is shown by the high number of cases we have handled since January of 2022, reflecting our commitment to strong, effective defense strategies for every client. Our aggressive approach has led to numerous charges being dropped by Prosecuting Authorities, Judges, and Juries, sparing clients from the lasting impact of criminal allegations. Through innovative legal tactics and thorough case reviews, we have successfully helped many clients avoid convictions and maintain clean records.
Key Differences
Who can file and where
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Protective orders: Filed in District or Circuit Court by qualifying petitioners under the Family Law Article. Interim orders can be issued by a commissioner when clerks are closed; temporary orders by a judge; finals in court.
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Peace orders: Filed in the District Court when the parties do not qualify for a protective order. Defined stages include interim, temporary, and final peace orders.
Burdens of proof and hearings
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Protective orders (final): Petitioner must prove an act of abuse by a preponderance of the evidence at the final hearing.
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Peace orders: Similar staged process; final orders follow service and a hearing where both sides may present testimony and cross-examine.
Duration and available relief
- Protective orders: Final orders can last up to one year and may include no contact, stay-away, vacate the home, custody, support, and firearm surrender.
- Peace orders: Final orders typically bar contact for up to six months.
Timelines at a Glance
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Protective order track: Interim by commissioner, temporary by judge, then final protective order hearing in court.
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Peace order track: Interim (after hours by commissioner or during hours by judge), temporary soon after, then final typically within a week once service is complete.
Collateral Effects
Firearms and ERPO overlap
- Protective orders can require immediate surrender of firearms and restrict possession during the order.
- Extreme Risk Protective Orders (ERPO): Separate, firearm-specific orders. Final ERPOs require clear and convincing evidence that the respondent poses a danger if they possess firearms, and they trigger a one-year firearm prohibition.
- Who can file ERPOs: Includes law enforcement, licensed health professionals, spouses, cohabitants, relatives, dating partners, and certain guardians.&
Employment and immigration
- Final orders are public court records and can affect background checks and licensing depending on findings and related criminal charges. (See relief and violation sections for what courts can order.)
Violations and criminal exposure
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Violating a protective order is a misdemeanor punishable by up to 90 days and $1,000 for a first offense.
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Peace order violations also expose respondents to criminal enforcement based on the order’s terms and related statutes; prompt counsel is critical.
Defense and Strategy
- Evidence review: We examine messages, call logs, location data, photos, and prior reports to test credibility and context at the final hearing.
- Cross-examination: Focused questioning can defeat the petitioner’s proof at a protective-order hearing or narrow relief in a peace order.
- Negotiated outcomes: In suitable cases, consent with limited terms, mutual stay-away, or dismissal may reduce exposure and collateral impacts.
- Firearm counseling: We advise on ERPO risk, protective-order firearm terms, and paths to restoration when orders expire.
Related Pages
Learn more about domestic assault, how ERPOs work in Maryland red flag cases, and our defense of gun charges. For criminal overlap, see our pages on Maryland criminal defense, assault, and expungement.
FAQs
Is a peace order a criminal case?
No. It is civil, but a violation can lead to criminal charges. Peace orders are public and handled in the District Court.
Can orders affect my gun rights?
Yes. Protective orders can require firearm surrender, and final ERPOs impose a one-year firearm prohibition.
What standard applies at a final protective order hearing?
Preponderance of the evidence. The petitioner must prove an act of abuse to that standard.
How long do these orders last?
Final protective orders can last up to one year. Final peace orders typically last up to six months.
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