Keeping The Innocent Safe: Protective And Peace Orders

Practicing as a family lawyer for more than 35 years, I’ve handled divorce actions, child custody, visitation, and support cases, as well as adoptions, guardianships and paternity proceedings. Unfortunately, violence and harassment sometimes arise within the home. Domestic violence issues may arise in divorce and custody cases, or they may be the subject of standalone proceedings for protective orders or peace orders.

Last year in Anne Arundel County, there were 1,887 hearings on final protective orders, which resulted in 796 final protective orders being issued. As for peace orders, there were 1,193 hearings on these requests in our county, which resulted in 465 peace orders. And these are the numbers for only final orders, as opposed to temporary orders. What, you might ask, is the difference between a protective order and a peace order, a permanent or a temporary order?

Courts may issue protective orders and peace orders to protect a person from abuse. The relationship between the people will determine which type of order the person seeking it should pursue. Maryland Family Law Article 4-501 states that a “person eligible for relief” in the form of a protective order includes:

1. The current or former spouse of the respondent
2. A cohabitant of the respondent
3. A person related to the respondent by blood, marriage or adoption
4. A parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within one year before the filing of the petition
5. A vulnerable adult
6. An individual who has a child in common with the respondent
7. An individual who has had a sexual relationship with the respondent within one year before the filing of the petition
8. An individual who alleges that the respondent committed, within six months before the filing of the petition, rape or attempted rape

If one of the above relationships does not apply, the petitioner should seek a peace order.

Additionally, the type of behavior that qualifies as abuse is similar for both protective orders and peace orders, although there are some differences. Abuse, as it relates to a protective order, is defined under Maryland law as:

1. An act that causes serious bodily harm
2. An act that places a person eligible for relief in fear of imminent serious bodily harm
3. Assault in any degree
4. Rape or sexual offense, or attempted rape or sexual offense in any degree
5. False imprisonment
6. Stalking
7. Revenge porn

Many of these terms are defined in Maryland’s Criminal Law Article. For a peace order, in addition to the forms of abuse mentioned above, except for rape or attempted rape, the following acts, as defined by the Criminal Law Article, are also covered: harassment, trespass, malicious destruction of property, misuse of telephone facilities and equipment, misuse of electronic communication or interactive computer service, or visual surveillance.

If a judge finds reasonable grounds to believe that the abuse complained of occurred, then a temporary protective order or a temporary peace order will be entered for seven days, and the Department of Social Services is notified. A temporary order may be extended under some circumstances, but, in general, a final hearing will be held within seven days.

At the final hearing for a protective order, the petitioner must prove by a preponderance of evidence that the abuse has happened. If this standard is met, then the courts may order a wide range of relief. The abuser may be ordered to refrain from threatening or committing abuse, to end all contact with the petitioner, to stay out of or leave the petitioner’s house, to attend counseling, to surrender firearms, etc. Additionally, the court may establish temporary child custody, visitation and support. It may also award temporary possession and use of the home, a vehicle and even a pet. With regard to a final peace order, the petitioner must prove that the abuse has happened and is likely to occur in the future. The relief is similar, but more limited. In general, final protective orders may last for up to one year, and final peace orders may last for up to six months.

If you find yourself in an abusive situation, the law can provide you with relief. You should consult an attorney who is familiar with this area of the law and who will assist you in making informed decisions. David Diggs is experienced in matters of family law, domestic violence, and in helping clients seek protective and peace orders. If you need further information regarding this subject, contact The Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 204, Millersville. Call 410-244-1171 or email david@diggslaw.com.