In Maryland, there are two primary types of orders related to domestic violence and harassment: protective orders and peace orders. Here’s a breakdown of the differences between them:
Protective Orders
- Purpose: Designed specifically to protect individuals from abuse, particularly in domestic situations (e.g., spouses, former spouses, individuals in intimate relationships).
- Eligibility: Typically available to individuals who have been abused by a family or household member, intimate partner, or cohabitant.
- Filing Location: Can be filed in the circuit court or at the district court.
- Duration: Can be temporary (issued quickly) or final (after a hearing, lasting up to one year, with potential for extension).
- Relief Provided: May include prohibiting the abuser from contacting the victim, granting temporary custody of children, and ordering the abuser to vacate the shared residence.
Peace Orders
- Purpose: Designed to prevent harassment, stalking, or serious threats, but not necessarily from an intimate partner or family member.
- Eligibility: Available to individuals who have been subjected to harassment or threats by someone who does not fall under the category of a household or family member.
- Filing Location: Filed in the district court.
- Duration: Temporary peace orders can be issued quickly, while final peace orders can last for up to six months, with possible extensions.
- Relief Provided: Can include similar provisions to protective orders, such as prohibiting contact, but typically does not include provisions related to custody or housing.
Key Differences
- Relationship Requirement: Protective orders are specifically for those in domestic relationships, while peace orders are for general harassment cases involving non-intimate individuals.
- Duration and Scope: Protective orders can last longer and offer more comprehensive protections related to family matters.
If someone is considering obtaining either type of order, it’s advisable to consult with a legal professional for guidance based on the specific circumstances.