How to Request a Restraining Order in Maryland

File a Restraining Order How to Request a Restraining Order in Maryland

How to File a Restraining Order in Maryland From Your Phone

Protecting yourself and your family is always going to be one of your most important priorities. If you are being stalked, harassed, abused, or threatened, you may need to see a restraining order. To help you protect yourself quickly, DoNotPay can help you file a restraining order in Maryland

What Is a Restraining Order? 

All states have varying laws regarding restraining orders, but they work similarly across the country. A restraining order is a civil order that helps protect you (the petitioner) or the person you are petitioning on behalf of (such as minor children) because it restricts the offender (the respondent) from engaging in certain actions.

How Does a Restraining Order Help?

Restraining orders are designed to provide protection for the petitioner and any other individuals named in the order. The respondent may be ordered to

  1. Stop committing/threatening abuse
  2. refrain from going to the petitioner's home, work, or school
  3. have no contact with the petitioner
  4. surrender firearms, and refrain from possessing/purchasing firearms

This is not an exhaustive list, and Maryland judges can order other restrictions and provisions.

Protective Order

You can file a petition for a protective order if you meet any of the following criteria:

  • You are the spouse or former spouse of the respondent
  • You have had a sexual relationship and lived with the respondent for at least 90 days within the last year.
  • You are related by blood marriage or adoption
  • You are the parent or stepparent, or child or stepchild of the respondent or person eligible for relief - and have lived with one of them for at least 90 days during the last year.
  • You have a child with the respondent
  • You had a sexual relationship with the respondent within one year before you filed the petition
  • The respondent committed or attempted to commit rape or sexual offense against you within the last six months

Special note: You can file a petition for a protective order on behalf of a minor or vulnerable adult (defined as an adult who lacks the physical and/or mental capacity to provide for their daily needs) if you are related by blood, marriage, or adoption, or reside in the same household.

Peace Order 

If you do not meet the above criteria, you can file for a Peace Order. Certain types of offenses are only covered by peace orders and cannot be covered by Protective Orders. These include:

  1. criminal harassment
  2. criminal trespassing
  3. malicious destruction of property
  4. misuse of electronic communication/interactive computer service
  5. misuse of telephone facilities/equipment
  6. visual surveillance

What if the Order is Violated?

If a peace order or protective order is violated, it can result in:

  • contempt
  • mandatory arrest
  • criminal prosecution
  • imprisonment
  • and/or fines

How to Get a Restraining Order in Maryland

While it can be tedious and time-consuming to file a restraining order on your own in Maryland, it is important you do it correctly to make sure it is granted without delays.

Complete the correct petition
  • Petitions for protective orders can be obtained from a circuit or District Court clerk or District Court commissioner.
  • Petitions for peace orders can only be obtained from a District Court clerk or commissioner.
  • Forms are also available at: mdcourts.gov
File the petition with a circuit or District Court clerk
  • If you are filing a petition against a person under the age of 18 years old, contact the Maryland Department of Juvenile Services.
  • An interim Peace or Protective Order may be issued when the courts are closed.
Appear for a temporary hearing.
  • You will appear before a judge, answering questions under oath.
  • If a temporary order is granted, it will go into effect when a law enforcement officer serves the respondent. It will usually last for seven days.
 Appear for a final hearing
  • Typically scheduled within seven days after the order is served.
  • Both parties may present evidence, so compile copies of hospital records, police reports, threatening messages, witness statements, or any other evidence to prove your case.

How Long Does a Restraining Order Last in Maryland?

A restraining order's length is determined by the type of order and the circumstances in the case. 

  • A Peace Order may be granted for up to six months but can be extended for an additional six months with good cause.
  • A final Protective Order may be granted for as long as one year, but in some circumstances, it can be granted for as long as two years. A Permanent Protective Order can also be granted.

File a Restraining Order in Maryland With the Help of DoNotPay

When you are overwhelmed by abuse or harassment, the last thing you need to do is worry about researching laws, fees, and forms. DoNotPay can help you reduce stress and save time by helping you file a restraining order in Maryland.

How to Apply for a Restraining Order With the Help of DoNotPay:

  1. Search for relationship protection on DoNotPay.

     

  2. Answer a few easy questions on our File a Restraining Order product.

     

  3. Submit the form and you’re done!

     

And that's it! DoNotPay will compile for you the forms you need to fill out and give you detailed instructions about how to file for a restraining order in your jurisdiction.

Protect Yourself With DoNotPay

While there is a federal law that requires all states to recognize and honor protective orders issued by any other state, DoNotPay can help you file new restraining orders in other jurisdictions in Texas, California, Florida, or any other state if you move and have a reason to petition for a new one.

In addition to restraining orders of all types, we can also help you protect yourself in many other ways.

Protect your interests and your safety with the help of DoNotPay.

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