What is a protective order in Maryland?
A uniformed police officer walks up to your doorstep with paperwork in his hand. The officer says that a protective order has been issued against you. You are told to leave your house immediately and have no contact with your significant other—and maybe even your children.
There is a court date to contest the order. What just happened? How could this take place without you being involved?
A protective order is a court order that issues under a law from Maryland's Family Law Article Section 4-504 which orders a person from refraining from doing certain acts against another person. In other jurisdictions, the order is known as a restraining order or a stay-away order.
How did someone get a protective order against me?
In order for a person to initially request a protective order against you, they must swear out a petition to a commissioner (a judicial officer usually located in the local jail or courthouse and usually available 24 hours a day) or a District or Circuit Court judge when the courthouses are open. They must first indicate that they are an eligible person, meaning that they have a certain type of relationship with you. That relationship qualifies if they are:
- are married, divorced, or currently separated;
- are related by marriage, blood or adoption (this includes stepparents and stepchildren if they have lived with you for at least 90 days in the past year);
- have lived together in a sexual relationship for at least 90 days in the past year;
- are the parents of a child together;
- have had a sexual relationship with each other in the past year;
- are a vulnerable adult;
- were raped or sexually assaulted by the other person (including attempts) in the past six months.
I don't have any of those relationships with the person who received a protective order against me. How did they get one?
It could be that the person requested a "peace order" instead, and you were served that. A peace order is a more limited version of a protective order, and can only be granted in more limited circumstances (specific alleged crimes) and shorter time periods.
Why did the Court issue the protective order in the first place?
To initially issue a protective order, the court applies a low standard of proof that an abusive act occurred. The initial proof is often testimony alone—either a sworn written statement to a commissioner or spoken testimony to a judge.
If granted, you receive a temporary or interim order that usually lasts about a week, until the "final protective order" hearing. Petitions typically list alleged acts of abuse such as:
- kicking, punching, slapping, strangling/choking;
- threats of violence;
- shooting, stabbing;
- biting;
- hitting with object, shoving;
- rape or other sexual offense, (or attempt);
- stalking;
- mental injury to a child;
- detaining against the person's will;
- revenge porn.
What's at stake? What can the court order?
The consequences are significant and can impact you long after the order expires. A final protective order can last up to a year and may be modified or extended.
The court may order you to:
- Refrain from abusing, threatening, or harassing the petitioner
- Have no contact and stay away from home, work, or school
- Immediately vacate a shared residence
- Provide temporary support (child or alimony)
- Forfeit firearms to law enforcement
- Forfeit use of a vehicle
- Attend treatment (AIP, substance abuse)
- Limit or suspend access to children
If you contest and lose, you cannot request shielding from public view. If you consent and complete the order without violations, you may later request shielding.
Violation of Protective Order
If you violate the order, criminal charges can be filed. The first offense carries up to 90 days of incarceration and a $1,000 fine. Second or subsequent offenses can carry up to 1 year and a $2,500 fine. Only the court can change the order—if the petitioner contacts you, the no‑contact rule still applies. Learn more: Violation of Protective Order.
What should I do?
Hire an attorney experienced with protective orders. They will help you decide whether to contest, consent, or negotiate terms. Protective orders often overlap with criminal charges (e.g., assault), so discuss your right against self‑incrimination before testifying.
Representation at the final hearing is critical. Without it, you may end up with terms that affect your home, children, and finances—with limited ability to shield the case later. Max Frizalone and Luke Woods have handled hundreds of protective orders for both petitioners and respondents.
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