In order to obtain a protective order in Maryland, the person requesting the protective order must be a person eligible for relief. A person eligible for relief 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 who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 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 1 year before the filing of the petition; and (8) an individual who alleges that the respondent committed, within 6 months before the filing of the petition, rape or sexual offense or attempted rape or sexual offense.

If the Court is closed, a person eligible for relief can file for an interim protective order with the commissioner. If the commissioner finds that there are reasonable grounds to believe that the respondent has abused a person eligible for relief, the commissioner may issue an interim protective order. An interim protective order may include any of the following relief: (1) order the respondent to refrain from further abuse or threats of abuse of a person eligible for relief; (2) order the respondent to refrain from contacting, attempting to contact, or harassing a person eligible for relief; (3) order the respondent to refrain from entering the residence of a person eligible for relief; (4) if a person eligible for relief and the respondent are residing together at the time of the alleged abuse, order the respondent to vacate the home immediately, award to a person eligible for relief custody of any child of the person eligible for relief and respondent then residing in the home, and award temporary use and possession of the home to the person eligible for relief; (5) in a case alleging abuse of a child, award temporary custody of a minor child of the respondent and a person eligible for relief; (6) in a case alleging abuse of a vulnerable adult, award temporary use and possession of the home to an adult living in the home; (7) order the respondent to remain away from the place of employment, school, or temporary residence of a person eligible for relief; (8) order the respondent to remain away from the residence of any family member of a person eligible for relief; and (9) award temporary possession of any pet of the person eligible for relief or the respondent.

If the Court is open, a person eligible for relief can file for a temporary protective order. If, after a hearing on a petition, a judge finds that there are reasonable grounds to believe that a person eligible for relief has been abused, the judge may enter a temporary protective order. A temporary protective order may include any of the following relief: (1) order the respondent to refrain from further abuse or threats of abuse of a person eligible for relief; (2) order the respondent to refrain from contacting, attempting to contact, or harassing any person eligible for relief; (3) order the respondent to refrain from entering the residence of a person eligible for relief; (4) where the person eligible for relief and the respondent are residing together at the time of the alleged abuse, order the respondent to vacate the home immediately and award temporary use and possession of the home to the person eligible for relief or in the case of alleged abuse of a child or alleged abuse of a vulnerable adult, award temporary use and possession of the home to an adult living in the home[1]; (5) order the respondent to remain away from the place of employment, school, or temporary residence of a person eligible for relief or home of other family members; (6) order the respondent to remain away from a child care provider of a person eligible for relief while a child of the person is in the care of the child care provider; (7) award temporary custody of a minor child of the person eligible for relief and the respondent; (8) order the respondent to surrender to law enforcement authorities any firearm in the respondent’s possession and to refrain from possession of any firearm[2]; (9) award temporary possession of any pet of the person eligible for relief or the respondent.

After a temporary protective order has been issued, the Court will set a date for a final protective order hearing, which is usually set seven days from the date that the temporary protective order is issued. If the respondent appears before the court at the final protective order hearing or was served with the temporary protective order, the Court may proceed with a final protective order hearing. If the judge finds by a preponderance of the evidence that the alleged abuse has occurred, or if the respondent consents to the entry of a protective order, the judge may grant a final protective order. A final protective order may include any of the relief that the court could enter in a temporary protective order, plus: (1) establish temporary visitation with a minor child of the respondent and a person eligible for relief on a basis which gives primary consideration to the welfare of the minor child and the safety of any other person eligible for relief; (2) award emergency family maintenance as necessary to support any person eligible for relief to whom the respondent has a duty of support; (3) award temporary use and possession of a vehicle jointly owned by the respondent and a person eligible for relief to the person eligible for relief;[3] (4) direct the respondent or any or all of the persons eligible for relief to participate in

[1]The Court may not grant an order to vacate and award temporary use and possession of the home to a non-spouse person eligible for relief unless the name of the person eligible for relief appears on the lease or deed to the home or the person eligible for relief has resided in the home with the respondent for a period of at least 90 days within 1 year before the filing of the petition.

[2]The Court may only order a respondent to refrain from possession of a firearm for the duration of the temporary protective order if the abuse consisted of: (1) the use of a firearm by the respondent against a person eligible for relief; (2) a threat by the respondent to use a firearm against a person eligible for relief; (3) serious bodily harm to a person eligible for relief caused by the respondent; or (4) a threat by the respondent to cause serious bodily harm to a person eligible for relief.

[3]The Court may award temporary use and possession of a vehicle if necessary for the employment of the person eligible for relief or for the care of a minor child of the respondent or a person eligible for relief. Professionally supervised counseling or a domestic violence program[1]; (5) order the respondent to pay filing fees and costs of a proceeding; and (6) order any other relief that the judge determines is necessary to protect a person eligible for relief from abuse.

[1]Except when a protective order is issued for an individual who has had a sexual relationship with the respondent within 1 year before the filing of the petition.

Are you or your children victims of domestic violence at the hands of your spouse or the other parent? The attorneys at Meiselman Helfant & Wills understand how devastating domestic violence can be on the entire family and how it can affect divorce and custody-related issues. We understand that you may be reluctant to remove yourself from domestic violence, especially if you feel you have nowhere to go or no way to support yourself. However, our experienced attorneys can provide you with information about the options available to you to protect yourself or your children from domestic abuse.

People Accused of Domestic Violence

We can also help you defend against allegations of domestic violence if you are accused of domestic violence or have been served with a protective order. We understand the burden of proof that is required to obtain a protective order and the options available to you so that you are able to determine the best course of action moving forward. If you are married or have children, we can also provide you with advice and strategy that you will need to successfully defend yourself in a divorce action or custody case.

If you or your children are victims of domestic abuse or you have been wrongfully accused of domestic abuse or served with a protective order, please contact us today to discuss your options going forward.