Understanding Maryland Restraining Orders

Understanding Maryland restraining orders can be challenging because the requirements of an action may vary. Some common conditions require a person to stay away from the petitioner, their home address, and their place of work. In some instances, a respondent may not have any direct contact, communicate through electronic means, or initiate contact through a third party.

A peace order also may require a respondent to participate in anger management or domestic violence classes. Additionally, it may order the respondent to pay restitution and could limit or prohibit contact except with regards to shared custody of a child.

In cases where the parties may need to communicate, a restraining order may allow contact as long as it is not violent or considered harassment. An experienced attorney could clarify the conditions in the restraining order against and prepare you for any court processes.

Modification or Extension of an Order

A peace order may only be vacated, changed, or extended by the judge. One or both parties jointly can request a modification, the vacation, or an extension of an order. If both parties agree on a request, a judge is likely to grant it. However, if only one party contests a modification request, the judge’s decision may depend on who is making the request and the nature of it.

For example, if a restraining order is set to expire, but each party has conflicting views about whether to extend it, the judge may grant the extension if the petitioner shows good cause and presents new evidence that the order should remain in place. Similarly, if the respondent wants the order to end early and the petitioner objects, a judge is unlikely to grant that request.

There is case law says that a petitioner can modify the conditions of an order by their behavior alone if they act inconsistently with their requested restraining order. For instance, if a petitioner asks that the respondent stay away, but the petitioner then reachs out and seeks contact with the respondent, there is case law that suggests that these actions could be considered a modification of the terms of an order.

However, as a general rule, it is encouraged to rely on a judge’s decision as the only official method to modify, extend, or vacate a peace order. A seasoned legal professional in Maryland could help a respondent understand the process for challenging or requesting a modification or extension of a restraining order.

Violating a Restraining Order

An individual accused of violating a protective order in Maryland could be charged with civil contempt and ordered to appear in court to explain their reason for breaking the order. The judge could subject this person to additional actions, extend the order, or issue fines for finding them in contempt of a civil matter.

If a respondent committed an assault, issued a threat, committed a burglary, or trespassed, they could be criminally charged for those matters independently. The person may also be charged with a separate crime of Violating a Peace Order. Because criminally violating a restraining order is a misdemeanor offense, a respondent may have to appear in a district court. They may face up to 90 days in jail and probation.

Ex Parte Peace Orders

An ex parte peace order is sought by one party. Ex parte means the matter involves only one party. As such, an individual unilaterally seeks an action without the input of the other party.

In effect, an interim and a temporary peace order are ex parte restraining orders. To obtain these short-term actions, a petitioner must demonstrate that there is good cause for a restraining order. If a judge decides to grant this ex parte peace order, the petitioner has protection under that action for up to seven days. There is no response or involvement of the respondent in that process.

It is only at the final hearing, for a long-term restraining order, that the other party has a chance to respond. Once the other party is served, the order is no longer in an ex parte process because the respondent has a chance to challenge the action and participate in the proceeding.

Contact an Attorney for Help Understanding Restraining Orders in Maryland

Understanding Maryland restraining orders can be difficult without a skilled attorney. As a result, if you have been served a peace order, call a local attorney who could explain the conditions of the action against you and help you challenge it. For more information, schedule an initial consultation today.