In the state of Maryland, individuals seeking legal protection from harassment, abuse, or other forms of threatening behavior have options available to them in the form of Protective Orders and Peace Orders. Essentially Maryland’s versions of the often referenced “restraining order,” both aim to provide a sense of safety and security for victims of verbal or physical attacks or threats.
However, while peace and protective orders share a number of similarities, there are a few vitally important distinctions between both legal mechanisms. Into today’s blog, we’ll compare and contrast protective orders and peace orders by examining the requirements for eligibility, the circumstances that may lead to either type of order being obtained, the protections they both offer, and their respective durations.
Protective Orders
A Protective Order, governed by Maryland Family Law, is primarily designed to shield victims of domestic violence, intimate partner abuse, or individuals who fear imminent harm from a family member, spouse, former spouse, cohabitant, or someone with whom they share a child. These orders are obtained through the civil court system and serve as a tool to prevent further abuse or harassment.
1. Eligibility
To obtain a Protective Order, the petitioner must demonstrate a qualifying relationship with the respondent, such as being family members, current or former intimate partners, or residing together.
2. Basis for Relief
Protective Orders typically require evidence of domestic violence, such as physical abuse, threats of violence, or intimidation.
3. Scope of Protection
Once granted, a Protective Order can enforce various provisions, including prohibiting contact between the parties, requiring the respondent to vacate a shared residence, and granting temporary custody of minor children.
4. Duration
Protective Orders can be temporary, lasting up to a maximum of one year, or final, with the possibility of extension upon petition and a subsequent hearing.
Peace Orders
On the other hand, Peace Orders are governed by Maryland’s Courts and Judicial Proceedings Article and are broader in scope, intended to address a wider range of conflicts and disputes beyond domestic relationships. Peace Orders aim to protect individuals from non-domestic harassment, stalking, or malicious behavior that causes fear or harm.
1. Eligibility
Peace Orders can be sought against any individual, regardless of their relationship with the petitioner, as long as they engage in conduct that constitutes harassment or a legitimate fear of harm.
2. Basis for Relief
Unlike Protective Orders, Peace Orders do not necessarily require a familial or intimate relationship between the parties. However, the petitioner must demonstrate acts of harassment, stalking, or malicious conduct.
3. Scope of Protection
Peace Orders can include provisions such as prohibiting contact, harassment, or further acts of intimidation. They may also require the respondent to stay away from certain locations associated with the petitioner.
4. Duration
Peace Orders can be temporary, typically lasting up to six months, or final, with the possibility of extension upon petition and a subsequent hearing.
In summary, while both Protective Orders and Peace Orders serve to protect individuals from harassment and harm, they differ in their scope, eligibility criteria, and the nature of the relationship between the parties involved. Understanding these distinctions is crucial for individuals seeking legal recourse and protection in Maryland. Whether one is facing domestic violence or non-domestic harassment, the legal system offers avenues to obtain the necessary safeguards through Protective Orders and Peace Orders, ensuring the safety and well-being of those in need.
Facing a Protective or Peace Order? Trying to Obtain One? Call NOW to speak with a JC Law attorney.
Whether you’re petitioning for a peace or protective order or being taken to court as a respondent, the litigation of either type of order is often a stressful, intimidating experience. However, it’s one that can be made much easier by retaining an experienced domestic attorney to stand by your side and guide you through the process, and that’s where JC Law comes in.
Call us right away at (888) JCLAW-10 to speak with an experienced member of our domestic department in a free, one-on-one consultation. If you’d prefer to schedule your consultation at a later time, you can click here to set up your free consultation, either by phone, video, or in-person.
Remember, at JC Law, we aren’t just your attorney. We’re your legal ally.