Restraining Orders

This section defines domestic abuse for the purposes of getting a domestic violence protective order (“DVPO”).

1. Domestic abuse – This happens when someone you have a specific relationship with does any of the following to you:

• assaults you (1^st degree or 2^nd degree);
• causes you serious physical harm or makes you fear immediate serious physical harm;
• rapes or attempts to rape you (1^st degree or 2^nd degree);
• commits a sexual offense (3^rd degree or 4^th degree);
• attempts any sexual offense;
• stalks you, which includes the use of a tracking device or electronic communication as defined by law;
• falsely imprisons you; or
• shares intimate images of you without your consent, known as revenge porn.¹

2. Rape or sexual assault – This is when anyone, whether related to you or not, commits or attempts to commit rape in the 1^st degree or 2^nd degree or a sexual offense in the 3^rd degree or 4^th degree. The rape or sexual assault must have happened within the past six months before filing for a DVPO.²
    
3. Abuse of a child – If the victim is a child, s/he can also get a DVPO based on abuse of a child, which is defined as:

• sexual abuse of the child by anyone;
• labor trafficking of the child by anyone; or
• physical or mental harm to the child when it appears that the child’s health or welfare is harmed or at substantial risk of being harmed by:
  
  • a parent;
  • a household or family member;
  • someone who has permanent or temporary care or custody of the child;
  • someone responsible for the supervision of the child; or
  • someone who has authority over the child because of the person’s job or role.³

4. Abuse of a vulnerable adult – A vulnerable adult is someone who can’t meet his/her daily needs due to physical or mental limitations. S/he can get an order if anyone, related or not, physically injures him/her through cruel or inhumane treatment or a malicious act.⁴

¹ MD Code, Fam. Law § 4-501(b)(1)
² MD Code, Fam. Law § 4-501(m)(8)
³ MD Code, Fam. Law §§ 4-501(b)(2); 5-701(b)
⁴ MD Code, Fam. Law §§ 4-501(b)(3); 14-101(b), (q)