Maryland Law

Peace Orders and Protective Orders are designed to provide legal protection for people who have been subjected to abusive behavior. There are two main statutes that control these civil court orders. Protective Orders are governed by Maryland Family Law Article §4-501, et seq., while Peace Orders are governed by Maryland Courts and Judicial Proceedings Article §3-1501, et seq. Although Peace Orders and Protective Orders typically order a person to refrain from committing certain acts against someone else, there are some important differences between the two.

Relationship Between Petitioner and Respondent

A significant difference between a Peace Order and Protective Order is the relationship between the Petitioner (person filing for protection) and the Respondent (person accused of wrongdoing).

Protective Orders

In order to obtain a Protective Order under Maryland Family Law Article §4-501, the person eligible for relief must have some type of domestic relationship with the respondent. Specifically, they must be:

• The current or former spouse of the respondent
• A cohabitant of the respondent
• A person related to the respondent by blood, marriage, or adoption
• 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
• A vulnerable adult
• An individual who has a child in common with the respondent
• An individual who has had a sexual relationship with the respondent within 1 year before the filing of the petition.

A petitioner who files for a Protective Order can be the person eligible for relief, but a petitioner can also be:

• The State’s Attorney for the county in which the child or vulnerable adult lives or where the abuse took place
• The department of social services for the county in which the child or vulnerable adult lives or where the abuse took place

Peace Orders

Peace Orders are intended for situations where the Petitioner and Respondent are not in a domestic relationship. This means the person accused of abusive behavior can be a complete stranger, neighbor, acquaintance, someone the petitioner is dating (but not living with), and so on.

Definition of Abuse

Another important difference is the definition of abuse under each statute. As you can see below, there is a great degree of overlap, but the Peace Order statute covers additional forms of abusive behavior.

Protective Orders

For Protective Orders, abuse is defined by §4-501(b) as any of the following acts:

• An act that causes serious bodily harm
• An act that places a person eligible for relief in fear of imminent serious bodily harm
• Assault in any degree
• Rape, attempted rape, or sexual offense in any degree
• False imprisonment
• Stalking
• Non-consensual pornography (“Revenge Porn”)
• Abuse of a child, if the person for whom relief is sought is a child
• Abuse of a vulnerable adult, if the person for whom relief is sought is a vulnerable adult

Peace Orders

A petitioner may file for a Peace Order by alleging any of the following acts, contained in §3-1503(a), occurred within 30 days before filing:

• An act that causes serious bodily harm
• An act that places the petitioner in fear of imminent serious bodily harm
• Assault in any degree
• Rape, attempted rape, or sexual offense in any degree
• False imprisonment
• Harassment
• Stalking
• Trespass
• Malicious destruction of property
• Criminal misuse of telephone facilities and equipment
• Criminal misuse of electronic communication or interactive computer service
• Non-consensual pornography (“Revenge Porn”)
• Unlawful visual surveillance

Exclusivity

If you are eligible to obtain a Protective Order, you may not obtain a Peace Order. In other words, you can only file for a Peace Order if your situation does not qualify for a Protective Order.

Types of Relief Available

In both Peace Orders and Protective Orders, a judge will order the Respondent to refrain from certain acts. With Protective Orders, a person eligible for relief (usually the petitioner) and the respondent have a domestic relationship. Accordingly, the Court can include additional types of relief in Protective Orders. For example, a judge can award temporary custody of a minor child, order the respondent to vacate a shared home and refrain from re-entering, and even award temporary financial support. Under certain circumstances, a judge can order the respondent to surrender any firearms in their possession and refrain from possessing any firearm for the duration of the Protective Order. The type of relief ordered will depend on the specific circumstances of your case.

Court Jurisdiction

While Protective Orders can be obtained in District Court and Circuit Court, Peace Orders can only be obtained in District Court.

Both types of orders are issued by a judge, or if the petition is made outside normal court hours, it will go in front of a District Court commissioner.

Time Deadlines

Another difference between Peace Orders and Protective Orders is the amount of time a person has to file one after an abusive act occurs. For a Peace Order, the act must have occurred in the prior 30 days. Protective Orders do not have the same filing time limit. A petitioner can file for one any time after the act has occurred.

Consulting an Experienced Attorney

Navigating the Court system to obtain the protection you and your family needs can be daunting. For years, Bethany G. Shechtel, Esquire has been advocating for victims and guiding her clients through the Peace Order and Protective Order processes. To discuss your situation, contact BGS Law today.

Sources:
Md. Code Fam. Law §4-501 (2019)  – Maryland General Assembly

Md. Code Cts. & Jud. Proc. §3-1501 (2019)  – Maryland General Assembly