Legal Information: Maryland

Restraining Orders

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Updated: 
December 2, 2021

How will a judge make a decision about whether or not to grant the order?

The judge may grant an interim, temporary, or final extreme risk protective if the respondent shows an immediate and present danger of causing personal injury to him/herself, you, or others by having firearms. When deciding whether the respondent is a risk of immediate and present danger, the judge will consider factors such as:

  • alarming behavior and statements;
  • unlawful firearm possession;
  • reckless or negligent firearm use;
  • violence or threats of violence to him/herself or others;
  • violating peace or protective orders;
  • drug and/or alcohol abuse; and/or
  • information contained in health records.1

1 MD Code, Public Safety § 5-602(a)(1); Maryland Courts website, “Extreme Risk Protective Orders”

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