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Legal Information: Maryland

Restraining Orders

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Updated: 
May 1, 2019

What types of orders are there? How long do they last?

There are three types of extreme risk protective orders: interim extreme risk protective orders, temporary extreme risk protective order, and final extreme risk protective orders.

Interim extreme risk protective orders: An interim extreme risk protective order can be issued ex parte, which means that the respondent does not have notice of the case beforehand and is not present for the hearing. A District Court commissioner handles hearings for interim extreme risk protective orders, rather than a judge.1

An interim extreme risk protective order will expire:

  • on the date of the hearing for the temporary protective order; or
  • at the end of the second business day that the Office of the District Court Clerk is open.1

Temporary extreme risk protective orders: A judge, rather than a commissioner, must hold a hearing to issue a temporary extreme risk protective order. The hearing can be an ex parte hearing or a hearing where the respondent has received notice.

When deciding whether to issue a temporary extreme risk protective order, the judge will consider the evidence that you present and the amount of time that has passed since the events in your petition took place.2 A temporary extreme risk protective order lasts up to seven days after the respondent is served with the order.3

Final extreme risk protective orders: The judge can issue a final extreme risk protective order after the respondent has received notice of the case and has an opportunity to participate in the hearing. The judge can issue a final extreme risk protective order for a period of up to one year.4

1 MD Code, Public Safety § 5-603(a); (e)
2 MD Code, Public Safety § 5-604(a)(2)
3 MD Code, Public Safety § 5-604(c)(1)
4 MD Code, Public Safety § 5-605(f)(1)