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Aug 10, 2012

How to Obtain a Restraining Order for Maryland Residents

Aug 10, 2012 - Resources by |

If there comes a time in your life when you need to take swift action to protect yourself, then it’s important to know how to get a restraining order in Maryland. In this guide, you’ll learn everything you need to know about a protective order, Maryland requirements for a restraining order and other essential information.

Protective Orders, Peace Orders and Restraining Orders

There is considerable confusion between the differences between the above terms, such as a restraining order versus a protective order. Maryland courts do not officially use the term “restraining order”. Instead, they use the terms peace order and protective order, and the difference between which one is filed typically depends on the relationship involved.

For domestic relationships, protective orders are the most commonplace. For other relationships, including dating, coworkers, acquaintances, strangers, neighbors and more, peace orders are generally utilized.

Requirements for a Restraining Order

When learning how to obtain a restraining order in Maryland, there are several important requirements and guidelines to keep in mind. First, the petition must be filed within 30 days of the act which is described in the petition.

From there, a specific set of steps must be filed to obtain the protective order. Maryland residents must first complete the correct petition forms, and then file that petition.

From there, a temporary hearing is held, and if the judge finds reasonable grounds  to grant the order, a temporary order is issued and lasts for seven days once the respondent has been served.

The last step of the process is a final hearing for a peace or protective order in Maryland. Here, both parties may be present to present evidence. If a final protective order is issued, it may be in effect for as long as one year, and can also be extended. Peace orders are issued for up to six months.

If you’re learning about how to get a restraining order in Maryland, then you may be in need of legal assistance. At the Law Offices of Brandon Bernstein, LLC, we’ll help you through this difficult time, protect your best interests, and eliminate as much hassle and stress as possible.

Call us today at 240.395.1418 for a free consultation and we’ll discuss your situation and whether or not it’s appropriate to file a peace or protective order.


The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Read our full disclosure here.