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Two primary types of orders related to domestic violence and harassment

On Behalf of | Feb 3, 2025 | Domestic Violence, Firm News

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

  1. Purpose: Designed specifically to protect individuals from abuse, particularly in domestic situations (e.g., spouses, former spouses, individuals in intimate relationships).
  2. Eligibility: Typically available to individuals who have been abused by a family or household member, intimate partner, or cohabitant.
  3. Filing Location: Can be filed in the circuit court or at the district court.
  4. Duration: Can be temporary (issued quickly) or final (after a hearing, lasting up to one year, with potential for extension).
  5. 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

  1. Purpose: Designed to prevent harassment, stalking, or serious threats, but not necessarily from an intimate partner or family member.
  2. 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.
  3. Filing Location: Filed in the district court.
  4. Duration: Temporary peace orders can be issued quickly, while final peace orders can last for up to six months, with possible extensions.
  5. 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.