How To Get A Restraining Order In Maryland

A restraining order is a civil order issued by a judge, commanding one person to refrain from committing certain acts against another. In Maryland, a restraining order is otherwise referred to as a "protective order" or a "stay-away order". To obtain a protective order, a petitioner must prove that the respondent committed an act recognized as "abuse" per Maryland laws—such as stalking, child abuse, an assault in any degree, rape or other sexual offense (including attempted), and vulnerable adult abuse—and that there's a risk of future recurrences.

In general, a protective order prohibits a respondent from contacting the petitioner, accessing their home, place of employment, or school, and threatening or committing abuse or harassment against the petitioner. Maryland Family Law (§4–505) outlines provisions governing protective orders. N/B: protective orders are civil writs and are filed accordingly under Maryland civil court records.

Types Of Restraining Orders in Maryland

The following are the main types of restraining orders in Maryland, each granted under specific conditions:

1. Protective orders, which may be interim (if issued by the commissioner), temporary, final, or permanent, are granted if the petitioner had a domestic relationship, such as a sexual or family-like relationship, with the respondent.
2. Peace orders apply to other relationships, such as strangers, co-workers, or neighbors.

Are Restraining Orders Public Record In Maryland?

Yes. Restraining orders are filed as general court records and, as such, are subject to public access, unless shielded by a court. However, restricted information (confidential by rule, statute, or court order) disclosed in the course of filing or hearing are not public. Some exemptions from public access include telephone numbers, identities of minors, and the confidential address of a shelter for domestic violence victims.

In addition, at the request of a case party, a court may shield records associated with a protective order or peace order under certain circumstances, including if the petition was denied or dismissed at a hearing. A request to shield court records related to a protective order may be filed by the petitioner, their employee, or the respondent, provided the order has expired.

How To Lookup Restraining Orders In Maryland

The primary way to access restraining orders issued in any Maryland court is by inspecting case records at the particular district or circuit courthouse where the order was granted. Law enforcement agencies will likely maintain copies of orders served by their officers for documentation purposes, and may assist case parties with copies upon request. Note that shielded records are only available to case participants and certain authorized parties. Courts have different ways to access their case records:

• In person at the courthouse that granted the protective or peace order
• Online case indexes provided on court websites
• Mail-in requests
• Third-party resources

Can You Lookup A Restraining Order Online?

Yes. General court case information can be found online via the Maryland Judiciary Case Search portal. Searches are done using a case number or the full name of a party (the petitioner or respondent). Petitioners have the option of receiving online notifications about the status of their order, including when the order has been served on the respondent, when it expires, or when the court dismisses it. This service is available via Victim Information and Notification Everyday (VINE) – Protective Order (VPO) and may not be used by the respondent or third parties.

If the law enforcement agency whose officer served a restraining order maintains an online record database, chances are interested parties may find information about restraining orders online. The full name of a case participant is usually required for a search. It is worth noting that actual copies of restraining orders are usually not displayed online: available information is usually limited to party names, order status, and other basic information.

How To File A Restraining Order In Maryland

Interested Maryland residents may file a restraining order through the following steps in the same order:

Step 1: Identify the petition for which they qualify

• A person may meet the eligibility requirements for a protective order or a peace order, but not both.
• Protective orders are applicable if the relationship between the petitioner and the respondent is sexual or family-like.

Step 2: Obtain and complete the appropriate forms

• Forms (petitions) for protective orders may be obtained from the district court commissioner or any circuit or district court clerk while forms for a peace order can only be obtained from the commissioner or a district court clerk.
• A Petition for Peace Order (form DC-PO-001) is required for a peace order
• A Petition for Protection from Domestic Violence (form CC-DC-DV-001) is required for a protective order

Step 3: Attend the temporary hearing

• A temporary hearing is held where the petitioner will answer questions under oath before a judge, whereupon the judge may grant a temporary restraining order if there is reasonable grounds to believe that the responder committed the acts alleged in the petition.
• The temporary order goes into effect after a law enforcement officer has served the respondent and lasts for seven (7) days unless extended by a judge.

Step 4: Attend a final hearing

• The court is required to schedule a final hearing within seven days from the date the temporary order is served.
• At this hearing (also known as a trial), the petitioner and the respondent will present evidence. The court shall grant a final order if it establishes that the respondent committed the alleged act(s) named in the petition.
• A final protective order may be granted for a duration of 1 year and may be extended by the judge for additional six (6) months after a future hearing.
• Under certain circumstances, such as an incident of harassment from the respondent against the victim during the term of the order, a permanent protective order with a validity period of 2 years may be issued.

Can You File A Restraining Order For No Reason In Maryland?

No. A person filing for a restraining order must be "eligible for relief" under Maryland law before the order can be issued. To establish eligibility, a petitioner must be able to show reasonable proof that the respondent is responsible for an act of physical abuse against them or committed an act that placed the petitioner in fear of imminent harm.

What Proof Do You Need For A Restraining Order In Maryland?

The petitioner, i.e the person seeking a restraining order, bears the burden of convincing the judge or commissioner through reasonable proof that the respondent is responsible for the acts alleged on the petition. To do this, they should be able to present evidence, such as medical records, recorded or written threats, photos, eye-witness statements, text messages, or police reports, that reasonably proves that the respondent committed any of the following acts:

• Rape or sexual offense (including attempts)
• Criminal stalking, harassment, or trespassing
• Revenge porn
• False imprisonment
• Visual surveillance
• Malicious destruction of property
• Assault in any degree
• An action that places the petitioner in fear of imminent harm

Note that the requirements for different types of protective orders vary. While temporary and interim protective orders are usually issued when a petitioner answers questions under oath before a judge, proof is required for a final protective order. rescind

How Long Does It Take To Get A Restraining Order In Maryland?

In Maryland, temporary and interim protective orders are typically issued on the same day a petition is filed. A final protective order will be granted at a final hearing held seven days after a respondent has been served a temporary order if the judge determines, by a preponderance of evidence presented, that the respondent committed the acts alleged in the petition. If within the term of an interim, temporary, or final protective order, a respondent commits another act of abuse against the petitioner, a permanent protective order will be granted.

How Long Does A Restraining Order Last In Maryland?

For restraining orders issued in Maryland, the validity duration depends on the type of order:

• Interim protective orders usually last between a few hours and a few days, pending when a judge is available to hear the case and issue a temporary order.
• Temporary protective orders, issued at a temporary court hearing, are valid for 7 days after the respondent has been served.
• Final protective orders are granted after a final hearing and have a validity period of 1 year unless extended by the judge.
• Permanent protective orders are granted for a duration of 2 years.

How Much Does A Restraining Order Cost in Maryland?

Under §4–504 (C), a petitioner is not required to pay any fees for the filing, issuance, or service of a protective order. The state maintains the policy of victims not being required to cover court-related costs in order to not deter them from coming forward to report abuse. Notwithstanding, a person seeking a restraining order is liable to cover the cost of producing copies of any supporting documents or evidence, not previously in possession of the court, including medical records and police reports.

Can You Cancel A Restraining Order In Maryland?

Yes. Under §4–507, a protective or peace order issued in Maryland can be cancelled, modified, or extended while it hasn't expired. The petitioner should complete form CC-DC-DV-006 and file it at the court where the order was issued. The court clerk will notify the respondent and schedule a hearing within 30 days. Depending on the outcome of the hearing, the judge may rescind the order or deny the petition.