Legal Procedures for Restraining Orders in Maryland

Restraining order is also known as a domestic violence protective order, or DVPO.

In Maryland, you can obtain a restraining order, called a protective or peace order, at any of the Circuit Court or District courts in the state. The order protects you from an individual threatening to harm you or who already has done so. Maryland defines physical abuse as assault, false imprisonment, rape and bodily harm. It also protects you via a restraining order when someone such as family member stalks, threatens and attempts to harm you.

Types

To start the restraining order process, you should know the type of protection you're seeking. Maryland offers three types of protective orders: interim, temporary and final. An interim protective order immediately stops the individual from harming or threatening you. The order is only granted by the local District Court commissioner when the court is closed. An interim protective order only lasts until you attend a temporary hearing. A temporary hearing, also called an ex parte---or one party---order lasts for seven days. A judge issues a final protective order after a hearing where you and your abuse testify in court. Based on the evidence, a judge can give you a protective order for one or two years or forever.

Procedure

To start the restraining order procedure, you need the Domestic Violence Protection Order or DVPO form. Maryland allows you to obtain the form in two ways: through its website or at the local clerk of court's office. To complete the form, you answer questions about you and the reason for the order. You also must provide all the addresses where the respondent, or person you're seeking the order against, lives. The addresses are needed to serve the restraining order. Go to the clerk of court's office to file the petition.

Attend Hearings

Typically, you receive an ex parte hearing on the same day you file your restraining order. At the hearing, the judge only listens to your testimony. The judge has two options: he can grant a temporary order of protection and set a hearing date or set a hearing date. Regardless of if you receive a restraining order a judge set a date, usually 7 days later, for a second hearing. To receive a final protective order, you must attend and testify at the hearing. Once the judge hears both sides, he either grants a final protective order or dismisses the case.

Considerations

Maryland offers assistance to anyone needing help completing the restraining order process. To obtain help, you can ask the local clerk of court's office or contact the Circuit Court's Department of Family Administration. The department has a Family Support Services Coordinator in Maryland's 23 counties and in Baltimore City. The coordinator can help you file for the order and create a safety plan. If a Maryland resident needs help when the office is closed, they should immediately contact the District Court Commissioner for assistance.

References

• Maryland Judiciary: Frequently Asked Questions
• WomensLaw.org: Maryland: Domestic Violence Protective Orders