Understanding Maryland Protective Orders

Realizing that you have been served a protective order could come at a shock. You may be unsure about what this means and how it could impact your life. For assistance in understanding Maryland protective orders, contact a knowledgeable attorney as soon as possible.

Good Cause

Good cause is the standard to issue a protective action. This means there must be reasonable grounds for the judge to find that there is evidence to support the issuance of a protective action. Generally, preponderance of the evidence standard covers reasonable grounds. This means that the evidence must demonstrate that it is more likely than not that the respondent committed the alleged abusive or threatening acts warranting the issuance of a protective order.

Timeframe of Protective Orders

An interim protective order can last up to two business days. A temporary protective order can last up to seven days, although a judge could extend it to allow the respondent to be served.  Service is when the respondent, the person subject to the requested protective order, is formally notified of the temporary protective order as well as the hearing date scheduled to determine whether a full protection order lasting one year will be granted.

If the petitioner is making good-faith efforts to serve the respondent but was unable to do so within seven days, the judge may extend the order continually seven days at a time up to a total of six months to give the petitioner time to serve the respondent. A final protective order can last up to one year.

A petitioner may renew the order or extend for another year, but there must be a new hearing. This means that the judge must find a new good cause after a year that still warrants the order to exist. A legal professional could help a respondent understand the timeframe of different types of Maryland protective orders.

Who Can Apply for a Protective Action?

An individual must be over 18 to apply for a protective action. If they are under 18, they must have an adult apply for one on their behalf. This person could be a guardian, parent, or a court-appointed guardian.

It is important to note that a protective order only applies if the parties have a specific domestic relationship. An individual may bring an order against:

• A current or former sexual partner
• A spouse or former spouse
• An individual with whom they share a child
• A family member
• An individual with whom they live

Additional relationships could be covered if an adult is seeking a protective order on behalf of a child. There must be some allegations of abuse, there must exist a relationship between the child and the respondent, and the guardian adult must request a protective order on behalf of the minor.

Vacating or Modifying an Order

Either party can file a request with the court to modify or vacate a protective order at any time. However, only a judge may issue a modification or vacate the order. While the judge may issue a modification without holding a hearing, they may ask both parties to appear in court anyway. This typically depends on whether both parties agree to the request.

For example, if one party wants to vacate the order and the other party consents, a judge may grant the request and vacate the order. When one party contests a change, the judge reviews the specific request and the information available and decides whether the modification should be made. However, some case law supports the concept that an order can be modified based on one of the parties’ behavior.

For instance, this situation may apply if a petitioner is granted a protective order requiring the respondent to stay away from their home, but the petitioner then invites the opposing party to their home. In this case, the petitioner’s behavior indicates they want the other person in their presence, which suggests that there should be a modification of the order even without an order from the court. As a general rule, one should abide by the orders issued by the court until a judge formally modifies it in writing or at another court hearing.

Restraining Orders Versus Protective Orders

A restraining order, or a peace order, requires one individual to stay away from another. There must be evidence of behavior or alleged acts that warrant a peace action before a judge can issue one. A protective order is similar, but it applies when there is a domestic relationship between the parties.

Contact an Attorney for Help Understanding Protective Orders in Maryland

If you need help understanding Maryland protective orders, reach out to an attorney today. They could work to ensure that you comply with all of the conditions in the order against you and help you request any modifications. For more information, call today.