Maryland Courts provide protective orders or peace orders to individuals that have been victims of violence or have good reason to believe that they may be the target of future violence. The purpose of this article is to provide the reader with information regarding: 1) the purpose of a protective orders and peace orders; 2) the difference between a protective order and a peace order; and 3) what you have to prove to obtain a protective order or peace order.

The Purpose of Peace Orders and Protective Orders in Maryland:

Peace orders and protective orders provide protection for victims of abuse. More specifically, these orders require an individuals that has committed an abusive act to:

– stop threatening the individual that has obtained the order;
– stop abusing the individual that has obtained the order;
– stay away from the home, work place and/or school of the person that has obtained the order

Additionally, protective orders may:

– award temporary use and possession of the family home to the person that has obtained the order;
– award temporary child custody to the person that has obtained the order;
– award temporary financial support to the person that has obtained the order; and
– require a person that has committed an abusive act to surrender all firearms and refrain from possessing firearms for the duration of the protective order.

Protective Orders Compared to Peace Orders:

Protective orders are available to individuals who have the following types of relationships with the person they seek to obtain the order against (typically referred to as the respondent):

– a current or former spouse of respondent;
– have lived in an intimate relationship with respondent for at least 90 days during the last year;
– related to respondent by blood, marriage or adoption;
– the parent, step-parent, child or step-child of respondent; or
– has had a child with respondent.

If you meet any of the above criteria then you qualify for a protective order. If you do not meet any of the above criteria then you must file for a peace order. In short, people who do not have a domestic relationship with the individual who has abused or threatened to abuse them must file for a peace order.

Additional differences between protective orders and peace orders follow:

– a petition for a peace order must be filed within 30 days of the violent act whereas a petition for a protective order can be filed many months after the violent act;

– a petition for a peace order must be filed in District Court whereas a petition for a protective order can be filed in a Circuit Court or a District Court;

– there is a fee for filing a petition for a peace order whereas there is no fee for filing a petition for a protective order;

– a peace order lasts a maximum of six months whereas a protective order can last for up to one year and may be renewed after one year; and

– a peace order does not restrict respondent’s right to possess firearms but a protective order does.

What an Individual has to Prove to Obtain a Peace Order or Protective Order:

An individual seeking a protective or peace order must prove respondent committed any of the following actions to have have the Court grant their request:

– an act that caused serious bodily harm;
– an act that caused one to feel fear of imminent bodily harm; assault;
– rape or sexual abuse;
– attempted rape or sexual abuse;
– false imprisonment; and
– criminal stalking.

In addition to what has been listed above, individuals seeking a peace order may also prove respondent committed any of the following acts to have the Court grant their request:

– criminal harassment;
– criminal trespassing; and
– malicious destruction.

The Whiteru Firm, PLLC assists individuals obtain peace orders or protective orders in Maryland. Furthermore, our law firm will defend people that have had petitions for protective or peace orders filed against them. Please contact us at 202 558 6196 or info@whiteru-law.com if you are seeking an attorney to assist you in relation to a protective or peace order case.

Author Bio: Okie C. Whiteru The Whiteru Firm, PLLC 2300 M Street, NW – 8th Floor Washington, DC 20037 Phone: 202 558 6196 http://whiterulawfirm.net/

Category: Legal
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