Maryland offers two types of civil restraining orders — Peace Orders and Protective Orders. Both are designed to protect individuals from harassment, threats, and abuse, but they are not interchangeable. Which one applies to your situation depends entirely on your relationship with the other person and the nature of the conduct involved.
At The Cohen Law Firm, we represent both petitioners seeking protection and respondents who have had an order filed against them. Whether you are trying to obtain an order or defend against one, understanding how Maryland's system works is essential. This article explains both orders clearly and completely.
Maryland law does not allow a person to obtain both a Peace Order and a Protective Order against the same individual. The relationship between the parties determines which order applies. If you are unsure which one you need, call us at 410-332-0414 for guidance.
What Is the Difference Between a Peace Order and a Protective Order?
The most fundamental difference is the relationship between the parties. Maryland law draws a clear line:
| Peace Order | Protective Order | |
|---|---|---|
| Who Qualifies | Anyone not eligible for a protective order — neighbors, co-workers, acquaintances, strangers, dating partners with no shared residence | Spouses, former spouses, cohabitants, family members, people with a child in common, people in a sexual relationship within the past year |
| Where to File | District Court only | District Court or Circuit Court |
| Duration (Final Order) | Up to 6 months (extendable by 6 months) | Up to 1 year for standard; up to 2 years for extended emergency orders |
| Interim Order Available | Yes — issued by District Court Commissioner 24/7 | Yes — issued by District Court Commissioner 24/7 |
| Temporary Order Duration | Up to 7 days (extendable to 30 days) | Up to 7 days |
| Can Cover Children | No | Yes — can include temporary custody provisions |
| Firearm Surrender | No automatic requirement | Yes — respondent may be required to surrender firearms |
Who Can File for a Peace Order in Maryland?
A Peace Order is available to any Maryland resident — or anyone who was the victim of a qualifying act in Maryland — who does not qualify for a Protective Order. Common situations that lead to Peace Order petitions include:
- Harassment or threats from a neighbor
- Stalking by an acquaintance or stranger
- Harassment by a co-worker or former co-worker
- Online or electronic harassment including threatening text messages, emails, or social media contact
- Unwanted contact from someone in a brief dating relationship with no shared residence
- Workplace threats — employers may also file on behalf of employees
You must file a petition within 30 days of the act that is the basis for your petition. The petition must be filed in the District Court.
What Acts Qualify for a Peace Order?
To obtain a Peace Order, you must show that the respondent committed one or more of the following acts against you:
- An act that causes or places you in fear of serious bodily harm
- An act that constitutes assault in any degree
- False imprisonment
- Harassment — a course of conduct that would cause a reasonable person substantial emotional distress
- Stalking
- Trespass
- Malicious destruction of property
- Misuse of telephone or electronic communications — including threatening texts, emails, or social media messages
Who Can File for a Protective Order in Maryland?
A Protective Order is available only to individuals in specific relationships with the respondent. You may file for a Protective Order if the respondent is:
- Your current or former spouse
- A current or former cohabitant (someone you have lived with in a sexual relationship for at least 90 days within the past year)
- A parent, child, stepparent, or stepchild who has lived with you for at least 90 days
- A person with whom you have a child in common
- A person you have been in a sexual relationship with within the past year
- A person related to you by blood, marriage, or adoption
- A vulnerable adult
What Acts Qualify for a Protective Order?
In addition to meeting the relationship requirement, you must show that the respondent committed an act of "abuse" as defined under Maryland law, including:
- Physical assault
- Sexual assault
- Stalking
- False imprisonment
- Harassment
- Revenge porn or non-consensual intimate image distribution
- Mental injury to a minor child
- Threats of any of the above that place the victim in reasonable fear of harm
How Does the Process Work?
Both Peace Orders and Protective Orders follow a similar three-stage process:
Interim Order
When courts are closed, a District Court Commissioner can issue an interim order that takes effect immediately upon service on the respondent. Commissioner offices are open 24 hours a day, 7 days a week. The interim order lasts until a judge can hold a hearing — typically the next business day.
Temporary Order Hearing
During normal court hours, or once a judge reviews the interim order, a temporary order hearing is held. This is typically an ex parte hearing — meaning only the petitioner appears. If the judge finds sufficient grounds, a temporary order is issued for up to 7 days (extendable to 30 days for Peace Orders). The respondent is then served with the order.
Final Order Hearing
Both parties appear before a judge. The petitioner must present evidence — testimony, police reports, photographs, witnesses, screenshots of threatening communications — to support the order. The respondent has the right to present a defense. If the judge finds sufficient cause, a final order is issued for up to 6 months (Peace Order) or 1 year (Protective Order).
What Can a Peace or Protective Order Require?
Peace Order Provisions
- No contact with the petitioner
- No harassment, threats, or abuse
- Stay-away from the petitioner's home, workplace, or school
- No trespassing on petitioner's property
- Referral to counseling
Protective Order Provisions
- All Peace Order provisions, plus:
- Temporary custody of children
- Temporary use of the family home
- Temporary use of a shared vehicle
- Emergency family maintenance
- Surrender of firearms
- Mandatory counseling or treatment
What Happens If a Peace or Protective Order Is Violated?
Violating either type of order is a criminal offense in Maryland. Law enforcement may arrest a violator without a warrant if there is probable cause. The consequences are serious:
| Order Type | First Violation | Subsequent Violations |
|---|---|---|
| Peace Order Violation | Up to 90 days in jail + up to $1,000 fine | Up to 1 year in jail + up to $2,500 fine |
| Protective Order Violation | Up to 1 year in jail + up to $1,000 fine | Up to 5 years in jail + up to $2,500 fine (if within 2 years of prior violation) |
Violations can also result in contempt of court charges in addition to the criminal penalties above. For non-U.S. citizens, a violation can carry serious immigration consequences as well.
Do Peace or Protective Orders Go On Your Record?
This is one of the most common questions we receive. A civil Peace Order or Protective Order itself — even a final order — does not automatically create a criminal record. However, the underlying conduct that led to the order may have resulted in separate criminal charges. Additionally, if you violate the order, the violation is a criminal misdemeanor and will appear on your record.
It is also important to know that final Peace Orders and Protective Orders are not automatically eligible for expungement. If you were the respondent in an order that was denied or dismissed, you may have expungement options. This is something we can evaluate with you directly.
Can a Peace or Protective Order Be Appealed or Rescinded?
Yes to both. A final Peace Order or Protective Order can be appealed to the Circuit Court in the county where it was issued. The appeal is heard "de novo," meaning the case is presented entirely fresh to the Circuit Court judge — not simply a review of what happened below. This makes having experienced legal representation at both the District Court hearing and on appeal extremely important.
An order may also be rescinded or terminated before its expiration date, but only after notice to all parties and a hearing. Either party can request rescission — including the petitioner who originally sought the order.
Whether You Are the Petitioner or the Respondent — You Need an Attorney
Many people make the mistake of handling Peace Order or Protective Order hearings on their own, believing the process is simple. In practice, the final hearing is an adversarial proceeding where evidence rules apply, credibility matters, and the outcome can have lasting consequences for both sides.
If you are the petitioner seeking protection, an attorney can help you present your evidence effectively, anticipate the respondent's arguments, and make sure the order provides the full protection you need.
If you are the respondent with an order filed against you, the stakes are equally high. A final order can affect your housing, your employment, your custody rights, your ability to possess firearms, and in some cases your immigration status. You have the right to present a defense and to be represented by counsel. Do not go to that hearing alone.
Need Help With a Peace Order or Protective Order?
Whether you are seeking protection or responding to an order filed against you, The Cohen Law Firm is here to help. We represent clients on both sides of these proceedings throughout Baltimore City, Baltimore County, and all Maryland courts. Call us today for a same-day consultation.
📞 Call 410-332-0414This article is for general informational purposes only and does not constitute legal advice. The information contained herein reflects the law as of the date of publication and may not reflect subsequent legal developments. No attorney-client relationship is formed by reading this article. For advice specific to your situation, please contact The Cohen Law Firm directly at 410-332-0414.
Adam Sean Cohen, Esq.
Adam Sean Cohen is a Maryland attorney with over 30 years of experience in criminal defense, family law, protective and peace orders, and personal injury. He represents both petitioners and respondents in Peace Order and Protective Order proceedings throughout Maryland. He is a Super Lawyers honoree and holds an AVVO rating of 10.0. Learn more →