How to Get a Restraining Order in Maryland

If you’re facing threats, harassment, or violence, you may wonder how you can protect yourself. In Maryland, a restraining order is one tool that may help keep someone away from you if your safety is at risk. By learning the process of securing a restraining order, you’ll be able to take the next step to protect yourself from someone who may mean you harm.

What is a restraining order?

A restraining order, also called a protective order here in Maryland, is a legal document designed to prevent someone from contacting, approaching, or harming you. Restraining orders are commonly used in situations involving domestic violence, stalking, harassment, or threats.

Maryland offers several types of protective orders:

• An interim protective order is issued by a District Court Commissioner when the courts are closed (like on weekends or holidays).
• A temporary protective order is a short-term order issued by a judge, usually lasting up to seven days, with possible extensions of up to six months.
• A final protective order can last up to a year or, in some cases, be made permanent.

Who can get a restraining order in Maryland?

You may be eligible for a protective order if you have a specific relationship with the person from whom you’re seeking protection. Maryland law covers the following:

• Current or former spouses
• People related by blood, marriage, or adoption
• Those who live together or have lived together in an intimate relationship
• Parents, stepparents, or children who have lived together for at least 90 days within the past year
• Individuals who share a child
• Vulnerable adults

If your relationship doesn’t fit one of these categories, you may qualify instead for a peace order, which is similar but applies to more broad circumstances.

What type of restraining order do I need?

Before you start the process, you need to determine whether you need a protective order or a peace order. A protective order is generally for people who have a close or familial relationship with the person causing harm. A peace order is available for those who don’t qualify for a protective order but need protection from someone outside these relationships, like a neighbor, co-worker, or acquaintance.

How do I apply for a restraining order?

To apply for a restraining order, you’ll need to visit the District Court or Circuit Court in your county. For Fulton, this would be the Howard County District Court or Circuit Court. When you go to the courthouse, you’ll need to fill out a petition explaining why you’re seeking protection. Be as detailed as possible, including:

• Specific incidents of violence, threats, or harassment
• Dates and times of these incidents
• Any injuries or damages
• Evidence, like text messages, emails, and photos

What is the temporary protective order hearing?

Once you file your petition, a judge will review it and may hold a temporary protective order hearing on the same day. At this hearing, you briefly explain your situation. If the judge believes you’re in immediate danger, they’ll issue a temporary protective order.

This is a short-term order, typically lasting up to seven days, but it can be extended if you need to. During this time, the respondent (the person you’re seeking protection from) will be notified of the order and the date of the final hearing.

What is the final protective order hearing?

The final protective order hearing gives you the opportunity to present more detailed evidence and testimony. To prepare, take the following steps:

• Bring any and all documentation that supports your case, like police reports, medical records, photos, or witness statements.
• Write down key points about what happened and why you need protection.
• If anyone witnessed the harassment or abuse, ask them to testify on your behalf.

At the hearing, the judge will listen to both sides before deciding whether to grant a final protective order. The Fulton family law attorneys at McCabe Russell can help you present your case effectively and ensure you understand all of your rights.

What are the terms of a protective order?

If the judge grants you the restraining order, you must follow its terms carefully. These terms may include:

• The respondent must keep a certain distance away from you, your home, workplace, or school.
• The respondent is prohibited from contacting you directly or through a third party.
• Temporary custody or visitation arrangements for children (if applicable).
• Orders for the respondent to surrender firearms or other weapons.

If the respondent violates any terms of the order, report it to law enforcement immediately. Violations can result in criminal charges.

How much does it cost to get a restraining order in Maryland?

Filing for a protective order or peace order is free. However, if you have an attorney represent you, there may be legal fees. Our Fulton family law attorneys can explain our fee structure in a consultation.

Can I get a restraining order without evidence?

Evidence beyond your own testimony does strengthen your case. However, you can still obtain a protective order based on your testimony if the judge finds it credible.

What if the respondent doesn’t show up to the hearing?

If the respondent doesn’t attend the final hearing, the judge can still issue a protective order based on your testimony and the evidence at hand.

Can a protective order be modified or extended?

Yes. You can request an order modification or extension of a protective order by filing a motion with the court. For example, if the order is set to expire but you still feel unsafe, you can ask the court to extend it.

How can a Fulton family law attorney help?

The legal process can be intimidating, especially when emotions are running high. At McCabe Russell, our family law attorneys can help you:

• File your petition correctly
• Gather and present evidence
• Represent you in court hearings
• Advocate for your overall safety and well-being

Having our experienced attorneys by your side ensures you’re thoroughly prepared and supported throughout the legal process. If you feel unsure or need help, don’t hesitate to reach out. We can guide you every step of the way and make sure that your safety is the top priority.

Are you in a situation where you feel unsafe or need protection? Don’t wait to take action. A restraining order provides the safety and peace of mind you deserve. The compassionate Fulton family law attorneys at McCabe Russell are here to help, from filing your petition to representing you in court. Contact us today for a confidential consultation by calling our offices or reaching out to us through our contact form. We also maintain offices in Bethesda, Columbia, and Rockville.