If you are dealing with harassment, threatening actions, verbal assault, stalking, or other illegal activity from another person in Maryland, you have the option to file for a peace or protective order. Peace orders are designed under the law to prevent a person who has expressed threatening behavior from coming near you and to offer police protection if they do.
Unlike other states, Maryland has two types of restraining orders: protective orders, which can be filed against someone whom you’ve had a close or familial relationship with, and peace orders, for all other persons who have exhibited recurring threatening behavior.
If you are interested in filing for a peace order in Maryland, Saller Law can help. Here’s what you need to know when requesting a peace order in Maryland, how to prepare, what to expect, and what the outcome may be.
Want a consult for representation? Contact Saller Law in Baltimore today. We are here to help; it is your right to be safe and feel protected under the law.
Disclaimer: articles on sallerlaw.com are not intended as legal advice and should not be taken as such, please consult an attorney for advice about your individual situation.
What to Know About Peace Orders in Maryland
1. Peace Orders Are Different than Protective Orders
Maryland has two options for restraining orders: protective orders and peace orders. You may file for a protective order if you are receiving threatening behavior from someone in your family or someone you’ve had a close relationship with. This applies to any legal family, domestic partners, co-parents, recent sexual partners within a year, or someone who has threatened or committed sexual assault against you.
Peace orders are an option to seek protection against any other persons not named in a protective order. This applies to neighbors, coworkers, non-sexual dating partners, acquaintances, strangers, or any other persons not named.
For either restraining order, an abusive act must have been demonstrated, which may include assault, threatening acts intended to cause fear, acts of bodily harm, sexual assault or attempted sexual assault, and stalking.
2. You Will Need to File and Have the Peace Order Approved
All peace orders must be filed with the proper District Court. For someone you already have filed against for another matter, ie an ongoing divorce, you want to file with that District Court. Otherwise, you file your request with the District Court where the assault took place. The paperwork can be sent in person or submitted online for a virtual hearing. All paperwork needed can be found on the relevant District Court’s website.
When filing your peace order, you may need to also submit a written testimony of the threatening or illegal actions taken against you. A lawyer can help you prepare these documents so you can be sure you have included all relevant information and shown a realistic threat to your safety.
After your request is submitted, you will receive an immediate, temporary grant of approval if it is found in your testimony that you need protection; the temporary order can last up to seven days. In this time period, you will receive information about a final hearing where both parties will present their case in front of a judge, where a final determination will take place.
3. You Will Meet in Front of a Judge to Discuss Your Case
The initial approval after submitting a peace order in Maryland is only temporary, up to no more than 7 days. A final hearing in front of a judge determines if the peace order will be granted and for how long. Both parties will be present and can present their case and testimony to the judge. Both parties may have an attorney present to represent them.
During this hearing, the judge will determine if there is a need for protection and for how long. A peace order may be granted up to 1 year’s time, although the judge will determine the final timeframe, which may be shorter.
4. Evidence Is Important for Your Case
When requesting a peace order, evidence and personal testimony are important to your case. The judge’s determination for approving the peace order and for how long heavily relies on being able to prove that the accused presents a threat to your safety and makes you fear for your life to the point you need protection.
In addition to personal testimony, you want to include recounts of abusive behavior, video or photographic evidence, and even witness testimony to strongly support your claim. Facts are always the most important, followed by how these interactions have impacted you emotionally and your overall mental health.
5. You May Have an Attorney Represent You
Peace orders in Maryland have a better chance of success when you have an attorney present to represent you. An experienced family law attorney can help you build your case, identify actions that may have been illegal or that fall under grounds for needing protection. While you can personally attest to what you have been experiencing and feeling, an attorney is better equipped to highlight what will be most important to the judge.
Since all parties may have an attorney present, your peace order lawyer can also respond to any comments or questions from the opposing counsel. This ensures your side of the story is heard, and you are not left to defend yourself against legal jargon you may not understand. A peace order lawyer also can be a pillar of support when dealing with a stressful and emotional time. Remember, you are seeking protection, and you should not need to do that alone.
6. Peace Orders Are for a Limited Time
If your peace order is granted in Maryland by a judge after your final hearing, it is not permanent. A peace order may be up to one year but can be shorter, often around six months. A judge will inform all parties of their decision, including the time frame, once it has been granted or denied.
Your attorney can advise you, during the hearing process, how to approach a requested timeframe and may be able to argue on your behalf for a longer timeframe if needed. In some situations, you may request a permanent peace order, after the initial one has been granted and in place for some time.
7. A Peace Order Can Be Modified
After a peace order has been granted, there are options to rescind it, modify it, or extend it. There are limitations to these, with some restrictions in place for how often or to what extent the peace order can be changed. Having an attorney on your side familiar with your case can help you navigate these situations, should they arise in the following weeks or months.
In some situations, after the peace order has been in place, you may request a permanent peace order. Your attorney can talk you through your options, as a permanent peace order is not as straightforward as a temporary approval. You do have options, and your lawyer can discuss these with you.
Contact Saller Law for Peace Orders in Baltimore
You do not need to go through a peace order request alone. Family attorneys are available to assist with requests, testimony, evidence presentation, appeals, modifications, and more. When you’re dealing with a stressful, emotional, and possible life-threatening event, get all the support you can.
At Saller Law, our peace order lawyers in Baltimore know how to work with clients during sensitive times. We are here to help you get the protection you need and have a right to under the law. Call today for a consult to discuss your options.
