If you are experiencing domestic violence in Maryland, a protective order can help keep you safe. Learn the step-by-step process for filing, what the court can order, and where to get help.
If you are in a situation involving domestic violence, harassment, or abuse, Maryland law provides a powerful legal tool to protect you: the protective order. This guide explains who qualifies, how to file, and what protections are available — even if courts are closed.
What Is a Protective Order in Maryland?
A protective order is a civil court order that legally prohibits one person from committing specific acts against another. Maryland's protective orders function as the state's version of what many people call a "restraining order." They can require an abuser to stop all contact, leave a shared home, and stay away from your workplace or children's school.
Information on protective orders from the Maryland Courts is available at the Maryland Courts domestic violence page. There is no fee to file a protective order petition in Maryland.
Who Qualifies to File?
You must have a specific type of relationship with the other person to qualify for a protective order. Your relationship qualifies if you:
- Are married, divorced, or currently separated
- Are related by blood, marriage, or adoption (including stepparents and stepchildren who 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 in the past six months If your relationship does not qualify for a protective order, you may still qualify for a Peace Order, which covers a broader range of relationships.
What Counts as Abuse in Maryland?
Before a court can grant a final protective order, you must prove that the other person committed an act of abuse. Maryland's definition of abuse includes:
- Assault in any degree
- An act that places you in fear of imminent serious bodily harm
- An act that causes serious bodily harm
- Rape or sexual offense, or attempted rape or sexual offense
- Stalking
- False imprisonment
- Revenge porn (non-consensual distribution of intimate images)
The Three Stages of a Maryland Protective Order
Maryland's protective order process has three stages, escalating in duration and scope:
Stage 1: Interim Protective Order
Issued by a District Court Commissioner when courts are closed (24/7 availability). Lasts approximately two days until a judge can hold a hearing. Takes effect when law enforcement serves the respondent.
Stage 2: Temporary Protective Order
Issued by a judge during normal court hours (or at the temporary hearing following an interim order). Lasts seven days, unless extended by the court. The judge hears from you — but typically not the other party — at this stage.
Stage 3: Final Protective Order
Issued after a full hearing where both parties may present evidence and testimony. A final protective order can last up to one year, with the possibility of a six-month extension for good cause shown.
Step-by-Step: How to File
During Court Hours (8:30 a.m. – 4:30 p.m., Monday–Friday)
- Go to the District Court or Circuit Court in your county
- Tell the clerk you want to file a Petition for Protection from Domestic Violence (form CC-DC-DV-001)
- Also complete the Addendum-Description of Respondent (form CC-DC-DV-001A) — law enforcement needs this to serve the order
- List every act of abuse, the history of abuse, all pending court cases between the parties, and the relief you are seeking
- If you want your address kept confidential, note that on the form
- A judge will hear your case that same day When Courts Are Closed District Court Commissioner offices are open 24 hours a day, 7 days a week. Contact information for commissioners is available on the Maryland Courts District Court website. A commissioner can issue an interim protective order that lasts until a judge holds a temporary hearing, typically the next business day. Before filing, if you have experienced violence, take pictures of visible injuries, secure copies of police reports, and note any witnesses. The Maryland People's Law Library protective orders guide recommends contacting your local domestic violence agency for support and free legal assistance.
What a Protective Order Can Require
Interim and Temporary Protective Orders can order the respondent to:
- Stop abusing, threatening, or harassing you
- Have no contact with you
- Stay away from your home, work, or children's school
- Leave a shared home Final Protective Orders can additionally:
- Award temporary child custody
- Award temporary financial support (Emergency Family Maintenance)
- Require the respondent to attend domestic violence or substance abuse counseling
- Require the respondent to surrender all firearms to law enforcement
- Address use and possession of a jointly owned vehicle
What Happens If the Order Is Violated?
Violating the contact, harassment, or abuse provisions of a protective order is a criminal offense in Maryland. A first violation can result in up to 90 days in jail and a $1,000 fine. You should call 911 if the respondent violates a protective order.
You can also file for contempt of court for any violation of any provision of the order — including financial support or custody provisions. Use form CC-DC-DV-007.
Resources:
- House of Ruth Domestic Violence Hotline: (410) 889-7884
- National Domestic Violence Hotline: (800) 799-SAFE (7233)
- Maryland Network Against Domestic Violence
FAQ
Can I get a protective order if the abuse happened in another state?
Yes. Maryland courts can issue protective orders based on abuse that occurred in other states, as long as you meet the relationship qualification.
Will the respondent know I filed if I get an interim protective order?
The respondent will be served with the order by law enforcement, at which point they will know. However, your address can be kept confidential on the petition if you have safety concerns.
What if I want to drop the protective order?
You can ask the court to rescind or modify the order by filing form CC-DC-DV-006. However, consider this decision carefully and consult with a domestic violence advocate or attorney first.
Does a protective order affect child custody?
Yes. A final protective order can award temporary child custody to the protected party. The custody arrangement in the protective order can also influence any separate custody proceeding.
How long does a final protective order last in Maryland?
A: Up to one year. The court can extend it for an additional six months for good cause. You can also ask to extend or modify the order before it expires.
Your safety is the priority. If you are in danger, call 911. When you are ready, contact a Maryland family law attorney or domestic violence advocate to help you pursue a protective order.
