Peace and Protective Orders Under Maryland Law

In the 2020 session of the Maryland General Assembly, the legislature passed two bills reforming the Peace Order and Protective Order statutes. One deals with automatic extensions of the orders under certain circumstances. The other modifies eligibility for obtaining these orders. 

Extension of Peace and Protective Orders 

Both the Protective Order and Peace Order statutes have been amended to make clear that if a motion to extend the term of an order has been filed and a hearing is not held before the original expiration date of the final order, it will be automatically extended with all terms remaining in full force and effect. 

Excerpts of the revised statutes, which go into effect October 1, 2020, are shown below;

Peace Orders – Courts and Judicial Proceedings §3–1506

“(1) A peace order may be modified or rescinded during the term of the peace order after:

  (i) Giving notice to the petitioner and the respondent; and

  (ii) A hearing.

(2) For good cause shown, a judge may extend the term of the peace order for 6 months beyond the period specified in § 3–1505(f) of this subtitle, after:

  (i) Giving notice to the petitioner and the respondent; and

  (ii) A hearing.

(3) (i) If, during the term of a final peace order, a petitioner files a motion to extend the term of the order under paragraph (2) of this subsection, the court shall hold a hearing on the motion within 30 days after the motion is filed.

  (ii) If the hearing on the motion is NOT HELD BEFORE the original expiration date of the final peace order, THE ORDER SHALL BE AUTOMATICALLY EXTENDED AND THE terms of the order SHALL REMAIN in full force and effect until the hearing on the motion.”

Protective Orders – Family Law Article §4-507(a)(4)

“(ii) If the hearing on the motion is NOT HELD BEFORE the original expiration date of the final protective order, THE ORDER SHALL BE AUTOMATICALLY EXTENDED AND THE terms of the order SHALL REMAIN in full force and effect until the hearing on the motion.”

Eligibility for Protective Orders – “Person Eligible for Relief”

Here, the Peace and Protective Order statutes have been changed in concert with one another. The acts entitling a person to relief under the Peace Order statute, as well as the definition of a person eligible for relief under the Protective Order statute, have been modified. 

Under the old law, a petitioner could seek a Peace Order if they allege that a respondent committed certain acts (listed in the statute) against them within 30 days prior. This had included rape, attempted rape, or sexual offense in any degree. The new law, which goes into effect October 1, 2020, removes this provision from the Peace Order statute. However, the law also changes the Protective Order statute so that if a petitioner alleges a respondent committed rape, attempted rape, or sexual offense in any degree against them within 6 months prior, the petitioner would be eligible for a Protective Order.

Excerpts of the revised statutes are shown below;

Peace Orders – Courts and Judicial Proceedings §3–1503

“(a) (1) A petitioner may seek relief under this subtitle by filing with the court, or with a commissioner under the circumstances specified in § 3–1503.1(a) of this subtitle, a petition that alleges the commission of any of the following acts against the petitioner by the respondent, if the act occurred within 30 days before the filing of the petition:

  (i) An act that causes serious bodily harm;

  (ii) An act that places the petitioner in fear of imminent serious bodily harm;

  (iii) Assault in any degree;

  (IV) False imprisonment;

  (V) Harassment under § 3–803 of the Criminal Law Article;

  (VI) Stalking under § 3–802 of the Criminal Law Article;

  (VII) Trespass under Title 6, Subtitle 4 of the Criminal Law Article;

  (VIII) Malicious destruction of property under § 6–301 of the Criminal Law Article;

  (IX) Misuse of telephone facilities and equipment under § 3–804 of the Criminal Law Article;

  (X) Misuse of electronic communication or interactive computer service under § 3–805 of the Criminal Law Article;

  (XI) Revenge porn under § 3–809 of the Criminal Law Article; or

  (XII) Visual surveillance under § 3–901, § 3–902, or § 3–903 of the Criminal Law Article.”

Protective Orders – Family Law  §4–501

“(m) “Person eligible for relief” includes:

(1) the current or former spouse of the respondent;

(2) a cohabitant of the respondent;

(3) a person related to the respondent by blood, marriage, or adoption;

(4) a parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition;

(5) a vulnerable adult;

(6) an individual who has a child in common with the respondent; 

(7) an individual who has had a sexual relationship with the respondent within 1 year before the filing of the petition; OR

(8) AN INDIVIDUAL WHO ALLEGES THAT THE RESPONDENT COMMITTED, WITHIN 6 MONTHS BEFORE THE FILING OF THE PETITION, ANY OF THE FOLLOWING ACTS AGAINST THE INDIVIDUAL:

(I) RAPE OR A SEXUAL OFFENSE UNDER § 3–303, § 3–304, §3–307, OR § 3–308 OF THE CRIMINAL LAW ARTICLE; OR

(II) ATTEMPTED RAPE OR SEXUAL OFFENSE IN ANY DEGREE.”

Contact an Experienced Attorney

Navigating the legal system can be daunting, especially if you have been the victim of abuse. For years, Bethany G. Shechtel, Esquire has been keeping up with changes in the law and guiding her clients through the Peace and Protective Order processes to get them the legal protections they need. To discuss your situation, contact BGS Law today.