Understanding Maryland Peace Orders Vs. Protective Orders: Which One Applies To Your Situation?

When someone faces threats, harassment, or abuse, a court order can be useful for protection. Two forms of civil orders that can be used in Maryland include protective orders and peace orders. Although the two are very similar in purpose, there are key differences in the relationships they apply to.

This will help you decide which order would suit you if you need protection from another individual.

What is a protective order? 

Protective orders apply to those with a qualifying relationship to the individual accused of abuse. According to Maryland law, the following are eligible to be granted protective orders:

• Spouses or ex-spouses
• Family members, including relatives by blood, marriage or adoption
• Parents and children
• Persons living together
• Individuals who have a child in common
• Certain individuals in a dating relationship
• Vulnerable adults who have been abused by caregivers

To obtain the order, the petitioner should prove that the respondent committed the abusive act within the jurisdiction of Maryland. Depending on the circumstances, the abusive act could involve physical injury, threat of serious bodily injury, assault, stalking, or other sexual acts.

Protective orders may offer considerable legal protection, including staying away from the petitioner, vacating a residence the individuals share, giving up firearms if applicable, and staying away from certain places such as home, work, or school.

What is a peace order? 

A peace order can be issued if the individuals do not have a qualifying relationship to warrant a protective order. Common examples of situations where peace orders can be issued include:

• Neighbors
• Colleagues at work
• Acquaintances
• Roommates who do not meet the requirements of protective orders
• Strangers

Like protective orders, peace orders aim to ensure that no harm is inflicted in the future. Nevertheless, the plaintiff must prove that the defendant has committed acts defined under Maryland law, such as harassment, trespassing, malicious destruction of property, or stalking.

If a peace order is issued, the respondent is usually ordered to refrain from making contact with the plaintiff.

Which order is right for your situation? 

When deciding which kind of order to seek, the most important aspect is the connection between the two parties. In cases where the alleged abuse involves a present or past spouse, a family member, a co-parent, or another eligible party, a protective order can be sought.

In cases involving any other individual, except those eligible for a protective order, a peace order can be sought.

This is because the two orders have different requirements, so one must choose correctly when filing.

An Experienced Bel Air, MD, Domestic Violence Attorney Can Help 

Regardless of whether you need to seek protection from abuse or you have been accused of abuse, the situation will have legal and personal implications. The decision will affect your custody of children, housing, employment, and future legal issues.

If you’ve been accused of domestic violence, call the Bel Air criminal defense lawyers at Schlaich & Thompson, Chartered, to discuss your case and protect your interests.