Maryland Final Protective Order Lawyers

Protective order proceedings generally follow three legal stages: The interim (or emergency) order, the temporary order, and last the final protective order. 

The first two stages are designed to protect possibly vulnerable Marylanders as quickly as possible. Therefore, a petitioner’s request for an interim protective order is granted extremely quickly – often in 24 hours, depending on the circumstances – and a temporary order can be granted within a week. 

The final protective order, however, will only be issued after a Maryland judge determines that the alleged abuse or misconduct truly happened in a more traditional hearing. 

If the final protective order is granted, it can last up to one year. At that time, the order typically lapses. However, if similar behavior begins again, then law enforcement can use the previous order to elevate and accelerate future charges. Another final protective order can even be granted, depending on the situation. 

So no, a final protective order isn’t necessarily “permanent” forever, but it’s a solid move to insulate you and your family from abuse. 

A Final Protective Order hearing is scheduled in the relevant Maryland court which also issued the interim and/or the temporary protective order, though it may not be the same judge at the final hearing as ruled at the temporary hearing.  

Final protective order hearings are where you really want an experienced litigator on your side – whether you filed for the order or are defending against one. 

That’s because the person who wants the protective order has the “burden of proof” – that is, they’re responsible for showing that, more likely than not, the abuse happened and why the relief they’re seeking as part of the order is relevant. 

Both the person filing for the protective order and the alleged abuser present evidence for and against the requested order. 

This evidence can include: 

• Both character witnesses to bolster or discredit either party, as well as eyewitnesses to any alleged events; 
• Police reports; 
• Other court orders for or against either party; 
• Relevant hospital or medical records, shared with permission or through subpoena; 
• Photographs and videos; and 
• Text messages, emails, and other communication for or against the order. 

Per Maryland law, the judge does not have to find evidence of abuse “beyond a reasonable doubt.” Instead, a judge can grant a final protective order if they find that there is a “preponderance of evidence” that abuse happened. 

That’s a tricky line to walk, and one only a litigator can truly manage effectively. While you can certainly represent yourself and your situation at a final protective order hearing without a lawyer, chances are that you’ll be more successful with one than without. 

And, when it’s your safety, health, and reputation on the line – consider leaving the courtroom arguments to a legal professional. 

Yes – for up to a year. 

As part of a final protective order, a Maryland judge can order an alleged abuser removed from shared property: 

• If your name is on the lease or deed for the shared home at the time of the order; or 
• You and the alleged abuser are both married at the time of the order. 

The restriction against cohabitation only lasts as long as the final protective order, however, which is usually only one year long. 

Each situation is different, though, so consult with your lawyer to learn about possible removals for your specific case. 

Maryland courts can order many different remedies if they determine a final protective order is merited. These include but are not limited to: 

• A “stay away” order to prohibit the abuser from contacting or harassing you in any way, at any place; 
• Custody of children to the petitioner; 
• Award emergency family maintenance – basically alimony and/or child support – to the petitioner; 
• Order counseling; and 
• Force the abuser to surrender all firearms and weapons, as well as pay all court and legal fees. 

Note that many of these parts of the order only last as long as the final protective order itself, which normally ends within one year. To make many of these ruling permanent, they would need to be included in divorce or other court proceedings.