The process is very similar to that of getting a protective order. However, a peace order is heard only in Maryland District court, not Maryland’s circuit courts.
You’ll file a petition – this time a “Petition for Peace Order” – with the relevant District Court Commissioner’s office. These offices are open 24 hours a day, seven days a week.
As the petitioner, you’ll then fill out the Peace Order form detailing:
- Alleged incidents of harassment, stalking, trespassing, or other harmful acts taken against you by the alleged individual;
- Previous court or law enforcement records to corroborate the claims; and
- Exactly what type of protection you need.
The District Court Commissioner then reviews your petition and decides whether to grant an interim peace order, which will last for two days or – if the alleged individual, or “respondent,” doesn’t get a copy within that time – be upgraded into a temporary peace order until the final hearing is scheduled.
At the final peace order hearing, both sides may present evidence showing the actions did or did not occur. (It’s extremely prudent to at least consult with a lawyer experienced in court room examinations and argumentation, since this hearing will be something like a trial in civil court.)
It’s up to you, as the petitioner, to prove that it is more likely than not that the actions occurred as you stated them. This is known as showing a “preponderance of evidence,” in legal-speak.
Both you and the respondent may take the stand to testify as to what happened. Don’t be surprised if the respondent lies under oath; stay calm and let your lawyer cross-examine them to reveal the falsehood.
After all evidence has been presented, the judge will rule whether a final peace order should be granted, with what kind of relief and for how long.
