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Legal Information: Maryland

Restraining Orders

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Laws current as of August 19, 2024

What are the legal definitions of domestic abuse, sexual assault, abuse of a child, and abuse of a vulnerable adult in Maryland?

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:
  1. Rape or sexual assault – This is when anyone, whether related to you or not, commits or attempts to commit rape in the 1st degree or 2nd degree or a sexual offense in the 3rd degree or 4th degree. The rape or sexual assault must have happened within the past six months before filing for a DVPO.2
     
  2. 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
  1. 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)
MD Code, Fam. Law §§ 4-501(b)(2); 5-701(b)
4 MD Code, Fam. Law §§ 4-501(b)(3); 14-101(b), (q)