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Peace Orders and Protective Orders and the requirement of Fear, Imminent Harm, and the Likelihood to Occur Again

On Behalf of | Jan 22, 2025 | Firm News

In Maryland, you may be eligible for a peace order if someone has threatened or harassed you in public, as peace orders are intended to protect individuals from harassment, threats, and other forms of abuse by someone with whom they do not have a domestic relationship (for domestic relationships, a protective order would apply).

Peace Order in Maryland: Threats and Harassment

The peace order statute in Maryland (Md. Courts & Judicial Proceedings Code § 3-1501) allows individuals to seek a peace order if they are experiencing abuse, which includes threats of violence, harassment, and placing someone in fear of imminent harm. In your situation, a threat to “beat you up” and public harassment may qualify as grounds for obtaining a peace order.

Requirements to Get a Peace Order

To obtain a peace order, the petitioner must demonstrate that the respondent has committed one or more of the following acts:

– Assault

Fear of imminent serious bodily harm

– Harassment

– Stalking

– Malicious destruction of property

– Trespassing

– Misuse of telephone or electronic communication (cyber harassment)

 

Relevant Maryland Case Law on the Fear Requirement

  1. Kerr v. Kerr, 142 Md. App. 1 (2002): In this case, the court held that for a peace order based on a threat or act of violence, the petitioner must demonstrate that they were placed in reasonable fear of imminent bodily harm. The fear must be objectively reasonable, meaning a reasonable person would have felt threatened in similar circumstances.
  1. Cannon v. Cannon, 156 Md. App. 387 (2004): This case addressed the fear requirement for protective orders (which have similarities to peace orders). The court emphasized that the petitioner must show evidence of genuine fear of bodily harm and that the fear was based on credible threats or behavior by the respondent.

 

Relevant Maryland Case Law on the Threat Requirement

  1. Pitsenberger v. Pitsenberger, 287 Md. 20 (1980): Maryland courts have established that threats, to warrant legal action, must create an imminent fear of harm. The threat must be specific, credible, and intended to make the person feel that harm is likely to happen soon.
  1. Silver v. Silver, 178 Md. App. 671 (2008): This case dealt with threats and emphasized that threats of violence can justify legal protection when they place the victim in imminent fear of bodily harm. Verbal threats alone can be sufficient if the victim reasonably believes the threat will be carried out.

 

Is it a Requirement to Prove the Likelihood that the Conduct Will Continue?

Yes, in Maryland, it is generally necessary to prove that the conduct will likely continue for a peace order to be granted. Courts will look at:

– The history of the respondent’s behavior: If the respondent has a pattern of making threats or engaging in harassment, this strengthens the case for a peace order, as it shows the likelihood of continued behavior.

– Imminent Risk: You do not need to show that the conduct has already happened multiple times, but if the respondent’s threat or harassment is ongoing, it provides grounds for the court to issue an order to prevent further incidents.

For example, in Chambers v. State, 83 Md. App. 615 (1990), the court emphasized that the peace order system is preventive, and the petitioner does not have to wait until the harm actually occurs, as long as there is a reasonable belief that the threat or harassment will continue.

Conclusion

You can obtain a peace order in Maryland if someone has threatened to beat you up and harassed you in public, as long as you can demonstrate:

  1. Fear of imminent harm based on their threats, which can be shown through credible evidence.
  2. The likelihood that the behavior will continue unless a peace order is granted.