Reclaim Your Safety: Navigating Protective Orders in Maryland with Confidence
— Jonathan L. Haskell, Esq.
When Protection Matters Most: Situations That Call for a Protective Order
Protective orders (often called restraining orders) in Maryland are designed to shield individuals from abuse or threats in various situations.
You might need a protective or peace order if you are experiencing any of the following common situations:
- Domestic Violence: Physical harm, attempted harm, or serious threats by a current or former spouse or intimate partner. This can include hitting, kicking, choking, or other abuse in a family or household setting. Protective orders are most commonly used in domestic violence cases to keep an abuser away and stop the violence.
- Stalking: Repeated following, surveillance, or unwanted contact that causes you to fear. For example, an ex-partner or acquaintance who keeps showing up uninvited or sends threatening messages can be addressed with a court order to stop the stalking behavior.
- Sexual Assault: Any form of sexual abuse or rape. Victims of sexual assault (even by someone not in a relationship with them) can seek protection. In Maryland, if you were raped or sexually assaulted within the past 6 months by the offender, you may qualify for a protective order.
- Threats of Violence: Credible threats that make you fear for your safety. Even if no physical harm has occurred yet, a clear threat of bodily injury or death is enough reason to get a protective order to prevent the threatened violence.
- Harassment: Severe or ongoing harassment (such as relentless calls, texts, or other conduct) that seriously alarms or annoys you. While “harassment” alone isn’t a ground for a protective order, it is covered under peace orders for non-domestic situations. Either way, the court can order the harasser to stop all contact.
- Violation of Privacy: Invasions of privacy such as someone distributing intimate photos of you without consent (so-called “revenge porn”) or secretly recording you. Maryland law considers non-consensual sharing of private images a form of abuse for protective orders. A court can step in to halt these violations and bar any further sharing of your private information.
- Child Endangerment: If someone is abusing or threatening your child, or using your child to threaten you, protection is available. Parents or guardians can seek protective orders on behalf of minors when a child is abused or at risk. This includes physical harm, sexual abuse, or serious neglect by a family member or caregiver.
- Elder Abuse: Seniors or vulnerable adults facing abuse (physical, financial, or verbal) by a caregiver or relative. Maryland’s protective order law covers “abuse of a vulnerable adult,” allowing courts to protect elderly or disabled adults who are harmed or exploited. This can stop an abusive caregiver and help keep an elderly family member safe.
- Retaliation After Reporting a Crime: Sadly, people who report crimes (like assault or fraud) might be threatened by the perpetrator in retaliation. If you’re being threatened or harassed for reporting illegal activity, you can ask the court for an order to prevent the person from contacting or harming you as revenge.
- Roommate or Tenant Issues: Conflicts with a roommate, tenant, or neighbor that turn violent or threatening. If someone you live with (who isn’t a romantic partner or family) starts endangering your safety – for example, a roommate physically attacks you or a former tenant refuses to stop harassing you – a peace order can require them to stay away. Even without a familial relationship, the law provides protection in these scenarios.
Common Reasons to Retain a Protective Order Attorney
While it is possible to file for a protective order on your own, having an experienced attorney by your side can be invaluable. Here are common reasons to consider hiring a protective order attorney in Maryland:
- Navigating the Legal Process: The court procedures for protective orders can be confusing and emotionally draining. An attorney will guide you through each step – from filling out the petition to gathering evidence – ensuring no critical detail is overlooked. They understand Maryland’s legal system and can explain your options in plain language, giving you peace of mind during a stressful time.
- Filing Petitions Correctly: Paperwork mistakes or missing information can delay your case or even lead to a petition being dismissed. A lawyer helps you complete the petition for protection accurately and thoroughly. They’ll include all relevant incidents of abuse and request the appropriate relief, so that your case is as strong as possible from the start.
- Preparing for Court Hearings: Facing the abuser in court can be intimidating. An attorney will prepare you for the hearings – practicing what to say, organizing witnesses, police reports, medical records, or other evidence of abuse. They can present the facts clearly to the judge, question the other side if needed, and advocate on your behalf. This preparation and representation can significantly improve your chances of obtaining a final protective order.
- Protecting Children or Dependents: If your case involves children or other dependents (such as an elderly parent), an attorney ensures their interests are protected too. They can request temporary custody or visitation restrictions as part of the order, ensuring that your children stay safe. A lawyer will help you understand how the order can address family issues – for example, arranging safe drop-offs for kids or securing financial support for dependents.
- Preventing Further Contact or Retaliation: A key goal of a protective order is to stop all unwanted contact. An attorney will emphasize to the court why you need strict “no contact” provisions (phone calls, messages, in-person contact) and possibly a requirement that the abuser stay a certain distance away from you, your home, or workplace. If you fear retaliation, your lawyer can also ask the judge for specific safeguards (like an order for the abuser to surrender any firearms). By having a lawyer, you send a strong message that you are serious about enforcement, which can deter the other party from attempting to violate the order.
Legal Framework and Governing Laws in Maryland
Maryland has specific laws that govern protective orders (for domestic violence situations) and peace orders (for other cases).
Governing Laws and Statutes
Key statutes governing protective orders in Maryland include:
Md. Code, Family Law § 4-501: Definitions and general provisions.
Md. Code, Family Law § 4-504: Petition for relief from abuse.
Md. Code, Family Law § 4-504.1: Interim protective orders.
Md. Code, Family Law § 4-505: Temporary protective orders.
Md. Code, Family Law § 4-506: Final protective orders.
Md. Code, Family Law § 4-507: Modification or rescission of orders
Understanding the legal framework can reassure you that there are clear rules and protections in place.
Here are the key Maryland laws and how they define who can seek help:
- Protective Orders (Family Law § 4-501 through § 4-516): Maryland’s Family Law Article §§ 4-501–4-516 is the main law that covers domestic violence protective orders. It defines what counts as “abuse” and who is a “person eligible for relief.” Under this law, abuse includes acts such as causing serious bodily harm, placing someone in fear of imminent serious harm, assault, rape or sexual offenses (including attempts), false imprisonment, stalking, and even revenge porn. If any of these acts are committed against you by a family or household member, you can ask the court for a protective order. The law also allows protection for children and vulnerable adults – for example, abuse of a child or a vulnerable senior by a relative or caregiver falls under these protections.
- Peace Orders (Courts & Judicial Proceedings § 3-1501 et seq.): If you do not have one of the specific relationships required for a protective order, you can seek a peace order under Md. Courts & Judicial Proceedings Article § 3-1501 and following sections. Peace orders cover many of the same harmful acts (assault, stalking, false imprisonment, etc.) but also include additional offenses like harassment, trespass, malicious destruction of property, misuse of telephone or electronic communication, and visual surveillance (peeping). In other words, peace orders are for non-domestic situations – for example, issues with a neighbor, stranger, roommate, co-worker, or dating partner with whom you have no cohabitation or family ties. Maryland law explicitly says that if you are eligible for a domestic violence protective order, you cannot get a peace order instead (you must file under the protective order statutes). But if you aren’t eligible for a protective order, the peace order law is there to protect you from stalking, harassment, and other forms of abuse by people outside your family.
- Who Can File & Relationship Requirements: Protective orders are only available when certain relationship criteria are met. You can file for a protective order if you are:
- the current or former spouse of the abuser;
- related to the abuser by blood, marriage, or adoption (for example, parent, child, stepchild, sibling, in-law, etc., who lived with the abuser for at least 90 days in the past year);
- a current or former cohabitant of the abuser in an intimate relationship (having lived together romantically for at least 90 days within the past year);
- the person who has a child in common with the abuser;
- someone who has had a sexual relationship within the past year with the abuser;
- a vulnerable adult (an adult who cannot care for themselves due to mental or physical incapacity) who a caregiver or household member is abusing;
- or a victim of rape/sexual assault by the offender within the last 6 months (even if you have no prior relationship).
You would turn to a peace order for protection if you do not fit one of these categories. Peace orders are available to anyone not eligible for a protective order. (Notably, employers in Maryland can even file a peace order on behalf of an employee who has been threatened at the workplace, providing another layer of protection in certain situations.)
- Peace Order vs. Protective Order – Key Differences: Both types of orders aim to stop abuse and keep you safe, but there are important differences in scope:
- Eligible Relationships: As noted, protective orders require a domestic or intimate relationship (or certain sexual assault cases), whereas peace orders apply to all other persons (neighbors, acquaintances, strangers). This distinction is set by law – you either qualify for one or the other, not both.
- Acts Covered: Protective orders cover serious abusive acts like assault, serious threats, rape/sexual assault, false imprisonment, stalking, etc. Peace orders cover those and additional acts like harassment (which protective orders cannot be based on), trespassing, property damage, misuse of phones/internet, and so on. For example, if a stranger is harassing you with constant texts or a coworker vandalizes your property, a peace order is the appropriate remedy. If a spouse or family member did the same, a protective order could be pursued (harassment by a family member might be addressed as part of a broader pattern of abuse, even though “harassment” by itself isn’t a listed ground for a protective order).
- Timing and Filing Deadline: For a protective order, there is no strict deadline to file after an incident of abuse – though the sooner you file, the better your case typically looks. By contrast, peace order petitions must be filed within 30 days of the abusive act. So if, say, an altercation with a neighbor occurred, you have a 30-day window to seek a peace order. This is an important timeframe to remember for non-domestic cases.
- Court Venue: Protective orders can be filed in either District Court or Circuit Court in Maryland. Peace orders, however, can only be filed in District Court. (District Court is the lower court that handles most peace order matters quickly; Circuit Courts generally handle more serious family cases, but they also can issue protective orders if, for example, you already have a divorce or custody case pending there.)
- Burden of Proof: To get a final protective order, you must prove the abuse by “clear and convincing evidence” (a fairly high standard) or the abuser must consent to the order. For a final peace order, the judge must find not only that the abuse occurred but also that it is likely to occur again if no order is issued. In peace order cases, this “likelihood of future harm” test is an extra requirement.
- Duration of Orders: A final protective order typically lasts up to 1 year by default. It can be extended once by the court for up to 6 additional months (making 18 months total), and under certain circumstance,s it may be extended up to 2 years or even made permanent (for instance, if the abuser commits a subsequent act of abuse or is convicted of a serious crime against you). A final peace order lasts up to 6 months initially, and can be extended up to an additional 6 months (for a maximum of 12 months). Interim and temporary orders (discussed below) have shorter time frames. The different durations reflect the typically ongoing nature of domestic situations (which merit longer protection) versus hopefully one-off conflicts with non-relatives.
- Types of Relief Offered: Both peace and protective orders can require the respondent to stop abusing or threatening you, cease all contact, and stay away from you (including your home, workplace, school, etc.). However, protective orders offer broader relief tailored to domestic situations. For example, a final protective order can: order the abuser to vacate a shared home (if you lived together and meet certain conditions), grant you temporary custody of children and set visitation rules, award emergency financial support (if the abuser has a duty of support to you, such as a spouse or parent of your child), grant you temporary use of a jointly owned car, require the abuser to surrender any firearms, and mandate counseling or a domestic violence program. Peace orders, being for unrelated parties, generally do not include provisions for custody, financial support, or use of property. A final peace order can require counseling or mediation and payment of filing fees, but its relief is more limited – essentially, just no contact and stay-away orders sufficient to end the harassment. The court will not grant more than the minimum necessary in a peace order case. In summary, protective orders address not only safety but also some practical family matters, whereas peace orders focus mainly on keeping someone away from you.
Types of Protective Orders in Maryland
Maryland law provides for three levels of protective orders, depending on the stage of the process and urgency of the situation.
All three types – Interim, Temporary, and Final Protective Orders – offer protection, but for different durations and under different circumstances:
- Interim Protective Order: This is an emergency order you can get when courts are closed (for example, at night, on a holiday, or weekend). You request an interim order by applying to a District Court Commissioner’s office, which is open 24 hours a day. A Commissioner (not a judge) will hold a quick hearing, often by phone or video, to review your petition. If the Commissioner finds reasonable grounds that you’ve been abused and are eligible, they will issue an interim order right away. Interim orders take effect once the abuser (Respondent) is served by law enforcement. They are very short-term: an interim order typically lasts until a judge can hold a temporary hearing on the next court day (usually this means it will expire in a day or two). Example: If you flee the house due to a violent incident on a Saturday night, you could see a Commissioner that night and get an interim order instructing the abuser to stay away immediately. That order will bridge the gap until you can see a judge, usually by Monday or Tuesday.
- Temporary Protective Order (TPO): Often called a “temporary” or “ex parte” order, this is the next step after an interim order (or the first step if you file during court hours). Ex parte means the judge can grant the order without the abuser present, based solely on your testimony and evidence. You file a petition in the District or Circuit Court during normal hours, and you will typically see a judge the same day for a temporary hearing. If the judge finds there are reasonable grounds to believe abuse occurred, they will issue a Temporary Protective Order on the spot. This order can grant many immediate protections: the judge can order the respondent to stop the abuse and have no contact with you, stay away from your home, job, or school, and even temporarily vacate the home if you lived together (conditions apply, such as being married or living together for 90 days in the past year). The judge can also grant you temporary custody of childrenand pets right in this ex parte order, to ensure the children are safe with you until the final hearing. A temporary order is short-lived: it will last up to 7 days after service to the respondent. (The clock starts once the order is served, not when it’s issued.) The court will schedule a final protective order hearing before that 7-day period ends. If the scheduled final hearing date falls on a day the court is closed or if the respondent hasn’t been served in time, the judge can extend the temporary order as needed, up to a maximum of 6 months in extreme cases. Extensions are not typical unless there are issues with notice or other good reasons. During the temporary order period, both you and the restrained person will have notice of the date for the final hearing, which is usually within a week.
- Final Protective Order: This is the long-term order issued after a full court hearing where both you (the Petitioner) and the Respondent have a chance to be heard. The hearing usually occurs about a week after the initial filing (by law, generally no later than 7 days after the temporary order is granted, barring extensions). At the final protective order hearing, you may present evidence, testimony, and witnesses, and the Respondent can do the same. If the Respondent was properly served but fails to show up, the judge can still proceed and potentially grant a default order in your favor. To issue a final protective order, the judge must find by clear and convincing evidence that the alleged abuse occurred (or the Respondent consents to the order). Duration: A final protective order in Maryland is usually granted for up to 1 year. However, the law allows certain extensions or new orders that can last longer: you can request an extension of up to 6 months before it expires, and in some cases (for instance, if there was a previous protective order and new abuse occurred shortly after it ended, or if the Respondent consents in court), the judge can enter a final order lasting up to 2 years. In a very serious situation where the abuser was convicted of certain crimes against you, you might even qualify for a permanent protective order with no expiration. Relief in Final Order: A final protective order can include all the protections of a temporary order (no abuse, no contact, stay-away, vacate home, temporary child custody, etc.) and possibly additional relief tailored to your situation. For example, the judge at the final hearing can award emergency family maintenance (financial support) if you are married to the abuser or have a child with them. They can address temporary visitation arrangements for children to ensure safety. The final order can also grant you possession of a shared vehicle needed for work or child care, order the Respondent to attend counseling (such as batterer intervention or substance abuse treatment), and require the Respondent to surrender any guns to law enforcement (since possessing firearms while under a protective order is illegal). The comprehensive nature of the final order is meant to stabilize your situation and prevent further harm. Always carry a copy of the final order with you, and provide copies to places like your work or your child’s school if needed. Final protective orders are enforceable by law: if the abuser violates any term (for example, by contacting you or coming to your home), they can face criminal penalties, including arrest and potential jail time.
How the Protective Order Process Works
Seeking a protective order in Maryland involves several steps.
Knowing what to expect at each stage can make the experience less daunting.
Below is a step-by-step guide to the typical process, from filing through the final hearing:
- Filing the Petition: The process begins when you file a Petition for Protection (form DV-1) with the court. You can file in District Court or Circuit Court in the county where you live, where the abuse occurred, or where the abuser lives. (Most people file in District Court because it’s quicker and more accessible for these cases.) When to file: If courts are open, go to the courthouse clerk’s office; if courts are closed (night, weekend, holiday), go to a District Court Commissioner’s office. There is no filing fee for protective orders. On the petition form, you will detail the abuse (the most recent incident and any prior history) and list the types of protection you need. You can also keep your address confidential on the form for safety. Court staff or domestic violence advocates on-site can assist with the paperwork. Once filed, the court will schedule an immediate hearing. If you’re filing during business hours, this will be an ex parte hearing the same day. If you’re filing after hours with a Commissioner, the Commissioner will handle the initial interim order hearing right away.
- Interim Order (Emergency, after-hours): If you applied through a Commissioner when the courts were closed, you will have an interim hearing right then and there (often by phone). The Commissioner will place you under oath and ask about what happened. This is usually a brief proceeding where you describe why you need protection. If the Commissioner finds you have shown reasonable grounds (a plausible case of abuse), they will issue an Interim Protective Order on the spot. The interim order will state the time and date for the next court hearing (temporary order hearing) once the courts reopen. A copy of the interim order will be given to law enforcement to serve the Respondent (abuser) – meaning the police will notify them of the order and the upcoming hearing. The interim order typically orders the Respondent not to abuse, contact, or harass you, and to stay away from your home (and maybe other places you frequent). If you lived together, it may order the Respondent to vacate the residence for now. This emergency order remains in effect until the temporary hearing can be held – usually the next day court is in session (interim orders expire at the end of the second business day after issuance at the latest). Important: You must attend the next scheduled hearing, or the interim order will lapse.
- Temporary Protective Order Hearing: The temporary hearing is normally your first court appearance before a judge (unless you filed during court hours, in which case this is the initial hearing). This hearing is ex parte, meaning the judge hears from you (the Petitioner) without the Respondent present. It’s often held at District Court on the same day you file or the next day. You’ll be sworn in and will briefly testify about what happened – describe the abuse or threats and why you fear future harm. The judge may ask you some questions for clarification. It’s usually a short hearing (often just a few minutes) and informal, but you should be truthful and stick to the facts. If the judge finds reasonable grounds to believe abuse occurred, they will issue a Temporary Protective Order (TPO) immediately. This order gives you protection for about a week. What the TPO includes: It will usually order the Respondent to stop abusing or threatening you, have no contact with you, and stay away from your home, workplace, or school. If you share a home, the judge can order the Respondent out of the home (this depends on your relationship and living situation, as noted earlier). The judge can also award you temporary custody of children and pets in this order to keep them safe. You will receive a copy of the TPO, which will also list the date and time of the final protective order hearing (usually about 7 days later). The court will arrange for the Respondent to be served with the temporary order and notice of the final hearing – law enforcement typically does this immediately or within hours. (If for some reason the police cannot locate the Respondent in time, the court can extend the TPO to allow more time for service.) After the hearing: Keep a copy of the temporary order with you at all times. Obey any instructions (for example, some orders allow limited contact through a third party to arrange child visitation – be sure to follow what the order says). If the Respondent violates the temporary order’s terms (e.g. contacts you), you should report it to the police. Violating a protective order is a crime.
- Final Protective Order Hearing: This is the full court hearing where both you and the Respondent have the opportunity to be present and testify. It usually takes place in District Court (or Circuit Court if that’s where you filed) about 7 days after the temporary order is issued. Both parties should attend. At this hearing, you will need to prove the allegations of abuse through testimony, evidence, or witnesses. It often helps to have an attorney at this stage (and many abusers will hire one, especially if there are custody or property issues at stake). What to expect: The hearing is before a judge (no jury). It tends to be somewhat informal – many protective order cases involve self-represented parties – but procedure still matters. You (or your lawyer) will present your case first, since you are asking for the order. This may include introducing evidence like photos of injuries, medical records, torn clothing, threatening messages, 911 call recordings, etc. You can bring in witnesses who saw the abuse or whom you told about it (for example, a neighbor who broke up a fight or a friend you confided in). The judge may ask you questions, and the Respondent (or their lawyer) can also ask you and your witnesses questions (cross-examination). Then the Respondent can present their side – they might deny the allegations or give their own testimony and witnesses. You can likewise have a chance to question their side. Though this sounds formal, many cases are straightforward and short if the evidence is clear (or if the Respondent chooses not to contest).
- Possible outcomes:
- If the Respondent consents to the protective order, the judge can issue a final order without a full evidentiary hearing. (The Respondent might do this to avoid admitting wrongdoing on the record – consent is not an admission of guilt – or to just end the matter quickly.)
- If there is a contested hearing, the judge will decide whether you have proven, by clear and convincing evidence, that the alleged abuse occurred. This is a higher standard than the temporary stage, but you do not need absolute proof – the judge just needs to be firmly convinced the abuse more likely than not happened, based on the evidence.
- If the judge finds that you met the burden of proof, they will grant a Final Protective Order. If the judge is not convinced (or finds that the legal requirements weren’t met), the petition will be denied and the case ends. (Even if that happens, there may be other options – for instance, you might qualify for a peace order or you could report criminal acts to the police. But most importantly, you would want to ensure your safety through other means if a protective order is not granted.)
Relief in the Final Order: A final protective order will include all necessary provisions to keep you safe, very much building upon the temporary order. At minimum, it will order the Respondent not to abuse, threaten, or contact you and to stay away from you (typically listing specific places like your residence, job, school). The judge can continue orders that the Respondent vacate the home (and stay away from it) if you lived together. If children are involved, the order can grant you temporary custody and set visitation terms (like supervised visitation or no visitation if necessary for safety). The judge may also address financial support, ordering the Respondent to pay spousal support or child support (called Emergency Family Maintenance) if you’re entitled to it. Other relief can include giving you temporary use of a jointly-owned vehicle, ordering counseling or a domestic violence intervention program for one or both parties, and requiring the Respondent to surrender any firearms to law enforcement. The final order is then signed by the judge and copies are given to both parties (and sent to law enforcement). Duration: as mentioned, it will usually last up to 1 year unless extended or otherwise specified. The judge often schedules a review or expiration date in the order.
If the Respondent doesn’t appear: The court can still issue a final order by default if the judge is satisfied that the Respondent was served with notice of the hearing and there’s enough evidence of abuse. So do not be discouraged if the abuser skips the hearing – you should still tell the judge your story and present evidence. If a default order is issued, it’s fully enforceable once served (or sometimes immediately, since the respondent was already served with the temporary order and notice).
After the hearing: If a final protective order is granted, take a moment to breathe – you now have a court order for your protection. Be sure to get several certified copies of the order. Keep one with you at all times. You might provide copies to your workplace, your child’s daycare or school, or anyone else protected by the order. The order will be entered into the statewide law enforcement database. If the Respondent violates the order in any way (comes near you, contacts you, etc.), call 911. Violating a protective order is a criminal offense, and the police are required to arrest the violator if they have reason to believe an order was disobeyed. You can also file for contempt in court, but immediate police involvement is crucial for your safety. On the flip side, make sure you also follow the order’s terms – for example, do not initiate contact with the Respondent thinking it’s okay; it could jeopardize the order. If you need to modify any terms (say, adjust child access arrangements), you can request the court to alter the order. And as the expiration date nears, if you feel you still need protection, you can ask the court to extend the order before it lapses (up to 6 months extension in many cases).
- Enforcement and Follow-Up: The protective order is effective as soon as it’s issued and served. After you have the order, it’s critical to know how to use it:
- Always keep a copy of the order with you. Consider storing a photo of it on your phone as backup.
- Inform others about the order as needed – for instance, give a copy to any security at your apartment or workplace, and let trusted friends or neighbors know to call the police if they see the Respondent near your property.
- If a violation occurs, report it immediately. As noted, violations (even indirect contact or third-party messages, if forbidden by the order) can lead to the offender’s arrest. Showing a pattern of violations can also be grounds to toughen the conditions or influence related court matters.
- Follow up with the court or an attorney if needed. If you need to extend the order or if you want to explore making it permanent (in rare cases where that’s applicable), you’ll need to file a request. Also, if you have other legal issues (divorce, custody, criminal charges against the abuser), the protective order and evidence from the hearing can be relevant. An attorney can advise on using the protective order in those contexts.
Throughout this process, remember that you are not alone. Court staff and victim advocates are often available at the courthouse to guide you. In many Maryland jurisdictions, agencies have representatives on-site during protective order dockets to offer safety planning and support. Don’t hesitate to reach out for help at any stage.
Resources and Next Steps
Dealing with abuse and legal proceedings is challenging, but there are many resources in Maryland to help you move forward safely. Here are some helpful resources and next steps to consider after (or while) pursuing a protective order:
- Maryland Judiciary – Domestic Violence Help: The Maryland Courts have an online Domestic Violence portal with information on protective orders, FAQs, and even video guides explaining the process. You can find forms, brochures, and court locations on the judiciary website. The Maryland Judiciary’s Protective Order Brochure is a great overview of your rights and remedies. (Visit mdcourts.gov/domesticviolence for official guidance.)
- Local Domestic Violence Agencies: Organizations across Maryland provide free support services such as hotlines, counseling, shelter, and legal advocacy. For example, House of Ruth Maryland offers a 24/7 confidential hotline and can help with safety planning, emergency shelter, and even legal representation for abuse victims. Similarly, the Maryland Network Against Domestic Violence (MNADV) can connect you to local programs in your county. These agencies often have advocates who can accompany you to court or help you fill out protective order forms. They understand the trauma of domestic abuse and offer compassionate support.
- Hotlines (24/7): If you need to talk to someone immediately, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233). They can connect you with local resources and help you in over 200 languages. In Maryland, you can also call 2-1-1 and press 1 to reach a crisis counselor for domestic violence. Many counties have their own hotlines as well. For instance, House of Ruth’s hotline (Baltimore-based) is available around the clock to assist victims statewide. Don’t hesitate to use these hotlines – they are confidential and staffed by trained professionals who can guide you to safety.
- Legal Aid and Pro Bono Services: If you cannot afford an attorney, there are options for free or low-cost legal help. Maryland Legal Aid and Maryland Volunteer Lawyers Service (MVLS) sometimes assist with protective orders or related family law matters for income-qualifying individuals. The Women’s Law Center of Maryland operates a Protective Order Advocacy & Representation Project (POARP) in some courthouses, offering free lawyers to domestic violence victims seeking orders. Law school clinics and local bar associations may also have pro bono programs. It’s worth asking the court clerk or a domestic violence program about legal services in your area. Having an advocate or attorney can make a big difference in court – and these services exist so that everyone can have a voice in the legal process.
- Victim Assistance Programs: The State’s Attorney’s Office in many Maryland counties has Victim/Witness Assistance units that support crime victims. If your abuser has criminal charges against them (for assault, etc.), the victim advocates from the prosecutor’s office can help you understand the criminal case and coordinate with your protective order case. They may provide referrals for counseling, help with applying for victim compensation, and ensure you are informed of your rights. While protective orders are civil (not criminal) cases, do let the criminal victim advocate know if you have one – enforcement of the order can become part of the criminal case if violated.
- Safety Planning: A protective order is an important tool, but it’s one part of a larger safety plan. Work with a domestic violence counselor to develop a safety plan for yourself and your children. This might include changing your locks, varying your routine, arranging a safe place to stay if needed, and informing your child’s school or daycare who is allowed to pick them up. Many shelters and nonprofits offer free safety planning sessions. The goal is to help you feel secure and prepared, whether or not the abusive person tries to contact you again.
- Counseling and Support Groups: Recovering from abuse can take time. You might consider reaching out to counselors or support groups that specialize in domestic violence or trauma. These services (often available through the same agencies mentioned above) provide emotional support and coping strategies. You’ll meet others who have gone through similar experiences, which can help lessen the isolation and fear. Healing is a crucial next step for you and any children involved.
- Follow-Up on Custody or Divorce (If Applicable): Protective orders involving spouses or co-parents are short-term remedies. For longer-term decisions about child custody, visitation, or divorce, you will likely need to file a separate case in family court. The protective order hearing may address immediate custody and support, but those provisions expire when the order does. Use the time under the protective order to consult a family law attorney or free legal clinic about your next legal steps (e.g. filing for custody or divorce, if that’s part of your plan). The evidence from the protective order case (police reports, photographs, the judge’s findings) can be useful in those proceedings.
- Continued Vigilance: Finally, remain vigilant even after obtaining relief. Most respondents do comply with protective orders, but some may test the limits. Always prioritize your safety. If you feel the conditions of the order are not strict enough or something isn’t working (for example, exchanges of children at a police station might be safer), you can request the court to modify the order. And remember, if an order is about to expire and you still feel threatened, you can ask the court to extend it. There is help available at every step.
By understanding the process and knowing where to turn for help, you are empowering yourself.
The Law Offices of Haskell & Dyer, LLC is here to support you through these steps, ensuring that your rights are protected and that you and your family can feel safe.
If you believe you need a protective order or just have questions about your situation, consider scheduling a consultation.
We will listen with compassion and provide guidance tailored to your circumstances.
Your safety is the top priority, and Maryland’s laws are on your side to provide the protection you need.