of Houlon, Berman, Finci, Levenstein, Skok & Sandler, LLC

PROTECTIVE
ORDERS
IN MARYLAND

THE HELP YOU NEED WHEN YOU NEED IT MOST!

Contact Rene Sandler of Houlon Berman at 301-610-9797.

Comparing Maryland Protective Orders and Peace Orders

APPLICABLE LAW	Protective Order (FL Art. 4-501 et seq.)	Peace Order (CJP Art. 3-1501 et seq.)
WHO IS ELIGIBLE FOR AN ORDER?	Current and former spouses. Cohabitants for 90 days A person related to the respondent by blood, marriage, or adoption A parent, stepparent, or stepchild (under certain circumstances) Vulnerable adults Person who has had a child in common with Respondent	Anyone who is not eligible for a protective order, but who is a victim of abuse as defined below and was victim of an act committed against them within thirty (30) days preceding the filing of the Peace Order
DEFINITION OF ABUSE	Act that causes serious bodily harm Act that places the petitioner in fear of imminent serious bodily harm Assault Rape or sexual offense False imprisonment Stalking	Act that causes serious bodily harm Act that places the petitioner in fear of imminent serious bodily harm Assault Rape or sexual offense False imprisonment Harassment Stalking Trespass Malicious destruction of property
WHERE TO FILE	District and Circuit courts	Only the District court
WHEN TO FILE	Anytime after the act	The act must have occurred within 30 days of filing the petition
STANDARD OF PROOF AT FINAL HEARING	Preponderance of evidence	By a preponderance of the evidence and the petitioner must show that the act occurred and the likelihood of some future harm
STANDARD OF PROOF	Interim and Temporary Orders - "reasonable grounds to believe that the Respondent has abused a person eligible for relief Final Order - Preponderance of the evidence	Interim and Temporary Orders - "reasonable grounds to believe that the Respondent has abused a person eligible for relief (PEFR)" Final Order - Preponderance of the evidence that the respondent committed the alleged act, and is likely to commit the act in the future
LENGTH OF ORDER	Judges may extend a temporary protective order from 30 days to 6 months. Final orders can be effective for up to 1 year and may be extended for a 6 month period	Order can be effective for up to 6 months
OTHER RELIEF	Establishment of temporary visitation and custody of minor children Award of emergency family maintenance Award of use and possession of jointly titled car Counseling Order for respondent to surrender all firearms Order for respondent to pay filing fees and court costs	Counseling
PENALTY FOR VIOLATION OF ORDER	Maximum penalty is ninety (90) days in jail and/or a $1000 for a first offense.	Maximum penalty is ninety (90) days in jail and/or a $1000 fine for a first offense.

Protective Orders in Maryland

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Ms. Sandler is the only female criminal defense attorney selected from Montgomery County, Maryland. Ms. Sandler was previously named to Washingtonian Magazine's Top 30 Superstar Attorneys in the Washington Metropolitan Area.

Under Maryland Family Law Article § 4-501, a person is eligible for relief for a Protective Order if:

You are the current or former spouse of the Respondent
You are a cohabitant of the Respondent (resides with) for 90 days or more
You are related to the Respondent by blood, marriage or adoption
You are a parent, stepparent, child or stepchild of the Respondent or the person eligible for relief who resides or resided with the Respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition
You are a vulnerable adult (someone who unable physically or mentally to provide for their daily needs)
You have a child in common with the Respondent

Protective Orders in Maryland

Protective Orders in Maryland