Know the Laws: Maryland
UPDATED August 11, 2009
A peace order is similar to a domestic violence protective order in that they both require you to be a victim of abuse and they both offer you similar forms of protection from the abuser. The difference between the two is that to get a domestic violence protective order, you have to have a specific relationship to the abuser (see Who can get a protective order?) but to get a peace order, you do not have to have a specific relationship to the abuser. In fact, if your relationship to the abuser falls under the category for a domestic violence protective order, you would NOT be eligible for a peace order.
Basic information
back to topWhat is a peace order? What types of peace orders are there?
A peace order is a civil protection order that you can file for in district court, which is supposed to help protect you from someone who is abusing you. To locate the nearest district court in your area, look on our MD Courthouse Locations page.
There are three types of peace orders:
Interim peace orders
You would file for an interim peace order only when the district court clerk's office is NOT open for business (for example, on the weekends, evenings, or holidays). This order would last only until the hearing for a temporary peace order, which would generally be held on the next day that the district court is open or the day after that. The date for the temporary peace order hearing should be written on the interim order. Note: Even if you are denied an interim peace order, you can still apply for a temporary peace order.*
Temporary peace orders
When you file a petition for a peace order, the judge can hold a hearing for a temporary order - the respondent may or may not be present. The order is effective for up to 7 days after the order is served (but it can be extended for up to 30 days if you cannot serve him within those 7 days or for any other good reason). The order will last until the hearing on the final peace order. Note: If the respondent is at the hearing, the judge may go ahead and hold a hearing for a final peace order instead of a temporary one if you and the respondent agree to this.**
Final peace orders
The respondent has the opportunity to be present at the final peace order hearing. A final peace order can last for up to 6 months.***
* MD Code, Courts and Judicial Proceedings § 3-1503.1
** MD Code, Courts and Judicial Proceedings § 3-1504
*** MD Code, Courts and Judicial Proceedings § 3-1505
back to topWhat acts of abuse would qualify me for a peace order?
If you meet the relationship requirement (explained in Who can get a peace order?), you can file for a peace order if one or more of the following acts has happened within 30 days before you file for the order:
- An act that causes serious bodily harm;
- An act that places you in fear of immediate serious bodily harm;
- Assault in any degree;
- Attempted or actual rape or sexual offense; (go to MD State Statutes, and read sections 3-303 through 3-308 for the definitions);
- False imprisonment;
- Harassment (read the defintion at MD State Statutes section 3-803);
- Stalking (read the definition at MD State Statutes section 3-802);
- Trespass;
- Malicious destruction of property (read the definition at MD State Statutes section 6-301).*
back to topHow can a peace order help me?
Interim, temporary and final peace orders can order the respondent to:
- stop committing or threatening to commit an act of abuse against you;
- stop contacting, attempting to contact, or harassing you;
- stay away from your home, place of employment, school, or temporary residence.*
- you or the respondent to participate in professionally supervised counseling ;
- you and the respondent to go to mediation, but ONLY if you both agree to it;
- you or the respondent to pay the filing fees and costs of the proceeding.**
** MD Code, Courts and Judicial Proceedings § 3-1505(d)(1)