Maryland uses "protective orders" and "peace orders" — not restraining orders. Learn the key differences, who qualifies, and how to apply for protection in Maryland.
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The Term "Restraining Order" in Maryland
Many Maryland residents search for "restraining orders" because that term is commonly used in movies, TV, and everyday conversation. However, Maryland law does not use that terminology. Instead, Maryland has two distinct civil orders of protection: protective orders and peace orders.
Understanding which one applies to you — and how they differ — is essential to getting the protection you need quickly and effectively. Both types of orders are governed by Maryland law and issued by Maryland courts. The Maryland Courts website provides detailed information on both.
What Is a Protective Order?
A protective order is Maryland's primary tool for protecting victims of domestic violence and intimate partner abuse. It is governed by Maryland Family Law § 4-501 through § 4-516.
Who Qualifies for a Protective Order?
You must have a qualifying relationship with the person you're seeking protection from. Eligible relationships include:
- Current or former spouses
- People who are currently or were previously in a sexual relationship (within the past year)
- People who live together or have lived together in a sexual relationship for at least 90 days in the past year
- People who share a child together
- People related by blood, marriage, or adoption
- Vulnerable adults
- Victims of rape or sexual assault (within the past six months) What Conduct Qualifies?
The underlying conduct must constitute "abuse" as defined by Maryland law, including assault, serious bodily harm, false imprisonment, stalking, rape or sexual offense, or revenge porn.
What Can a Protective Order Do?
A final protective order — valid for up to one year — can:
- Order the respondent to stop all contact and stay away from your home, workplace, and children's schools
- Remove the respondent from a shared home
- Award you temporary custody of children
- Order child or spousal support
- Require the respondent to surrender firearms
What Is a Peace Order?
A peace order applies when you need protection from someone who does not qualify under the protective order relationship categories — such as a neighbor, coworker, classmate, or acquaintance.
Peace orders are governed by Maryland Courts & Judicial Proceedings § 3-1501.
Qualifying Conduct for a Peace Order
Peace orders cover a broader range of behaviors than protective orders, including:
- Assault or acts causing serious bodily harm
- Harassment, stalking
- Malicious destruction of property
- Trespass
- Misuse of electronic communications or telephone
- Visual surveillance
- Revenge porn Important: You must file for a peace order within 30 days of the most recent act of abuse. This is a critical distinction from protective orders, which have no such filing deadline.
What Can a Peace Order Do?
A final peace order, lasting up to six months, can require the respondent to stop specified conduct, refrain from contacting you, and stay away from specific locations.
Key Differences at a Glance
| Feature | Protective Order | Peace Order |
|---|---|---|
| Relationship required | Family/intimate relationship | Any relationship (non-family) |
| Filing deadline | None | Within 30 days of the act |
| Filing fee | None | Yes (may be waived for indigency) |
| Where to file | District or Circuit Court | District Court only |
| Duration (final) | Up to 1 year (2 with consent) | Up to 6 months |
| Can include custody orders | Yes | No |
According to the Maryland People's Law Library, you cannot be eligible for both simultaneously — the nature of your relationship with the respondent determines which order applies.
How to Get a Protective or Peace Order in Maryland
Step 1: Go to Your District Court or Commissioner's Office
You can file any time of day or night. Commissioner offices operate 24/7. District Court clerks are available during business hours.
Step 2: Complete the Petition
For a protective order: File Form CC-DC-DV-001 (Petition for Protection from Domestic Violence).
For a peace order: File Form DC-PO-001 (Petition for Peace Order).
Both forms are available through the Maryland Courts and most courthouse clerks' offices.
Step 3: Interim and Temporary Orders
If a commissioner grants your interim order (available 24/7), it goes into effect immediately. A temporary protective order hearing will follow within two business days. You must appear at this hearing to maintain protection.
Step 4: Final Hearing
A final hearing is typically scheduled within a week of the temporary order. You and the respondent each present your case before a judge.
FAQ
Is a "restraining order" the same as a protective order in Maryland?
Maryland does not use the term "restraining order" in its statutes. What most people call a restraining order is either a protective order (for family/intimate relationships) or a peace order (for all other relationships) in Maryland.
Can I get a protective order without a lawyer?
Yes. Many people navigate the process without an attorney, and court commissioners can assist you with paperwork. However, an attorney can significantly improve your chances at the final hearing.
What happens if the respondent violates the order?
Violating a protective or peace order is a criminal offense in Maryland. You should call 911 immediately and report the violation. The respondent can be arrested and charged.
Do I need evidence of abuse before I file?
You do not need a police report or photos to file. However, any documentation you have — photos of injuries, text messages, witness information — can strengthen your petition.
Can a protective order affect child custody?
Yes. A final protective order can include temporary custody orders and visitation restrictions. It can also be used as evidence in any related family law proceedings. This post is for informational purposes only and does not constitute legal advice. If you need a protective or peace order, contact a Maryland attorney or reach out to the Maryland Courts self-help center for guidance.
