Maryland Restraining Order Laws (2026): Protective Orders and Peace Orders
Maryland Restraining Order Laws (2026): Protective Orders and Peace Orders
In Maryland, a Protective Order is available to anyone who has experienced abuse within a qualifying domestic relationship, and a final order can last up to 1 year (or longer under specific conditions). A separate Peace Order is available to victims of harassment, stalking, or assault who do not share a qualifying domestic relationship with the person who harmed them.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Maryland
Maryland uses two separate legal frameworks for civil protective orders, and understanding which applies to your situation is important.
The Protective Order (Maryland Code, Family Law Article sections 4-501 through 4-516) is designed for victims of abuse in domestic or intimate-partner relationships. It covers physical abuse, sexual assault, stalking, and harassment by a qualifying household or family member. In 2025, Maryland HB 533 (Chapter 530) added coercive control to the list of conduct that qualifies as abuse under this statute.
The Peace Order (Maryland Code, Courts and Judicial Proceedings Article sections 3-1501 through 3-1513) is for anyone who has been the victim of harassment, stalking, assault, or other qualifying conduct by a person with whom they do NOT share a qualifying domestic relationship. A Peace Order is the path for neighbors, coworkers, acquaintances, or strangers who do not meet the family-law relationship threshold. Peace Orders were also updated in 2025 by HB 533 to add coercive control provisions.
Both order types follow the same three-tier structure (interim, temporary, and final), making Maryland's system unusually accessible: a commissioner is available around the clock to issue an interim order even when the courthouse is closed.
Who can get a restraining order in Maryland?
The qualifying relationship is the dividing line between the two tracks.
For a Protective Order, you must have one of the following relationships with the respondent:
- Current or former spouse
- Current or former cohabitant who had a sexual relationship with you AND lived with you for at least 90 days within the year before you filed
- A person you share a child with
- A parent, stepparent, child, or stepchild who resided with you for at least 90 days within the year before filing
- A blood relative, in-law, or adoptive relative who lived with you in that same window
- A person with whom you had a sexual relationship within the past year
- A vulnerable adult who is a victim of abuse by a caretaker or household member
- A victim of sexual assault within the past 6 months (even without a prior relationship with the respondent, for certain severe offenses)
For a Peace Order, there is no relationship requirement. If you have been harassed, stalked, assaulted, or subjected to other qualifying conduct by someone who is NOT in the categories above, a Peace Order is the appropriate remedy. This covers a wide range of situations involving neighbors, online harassers, former roommates who do not meet the cohabitation threshold, coworkers, and strangers.
How to file for a restraining order in Maryland
You can file for either type of order at a Maryland District Court or Circuit Court. Because commissioners are available 24 hours a day, 7 days a week, you can seek an Interim Order at any time, even on a weekend or holiday, by contacting the District Court commissioner. This is the fastest avenue for immediate protection.
For a standard filing during court hours, you will complete a petition describing the conduct, your relationship to the respondent (for a Protective Order), and the specific relief you are seeking. There is no filing fee for a Protective Order; VAWA bars courts from charging a filing or service fee for domestic-violence protective orders. Maryland also waives fees for Peace Order petitions.
Court self-help centers at each District Court can assist you with the forms. Many local domestic-violence organizations also provide free legal advocates who can accompany you and help you present your case. The Maryland Network Against Domestic Violence can connect you with services in your county.
After you file, a judge will review your petition ex parte (without the respondent present) and, if the facts show sufficient grounds, issue a Temporary Order on the spot. The respondent is then served, and a full hearing is scheduled.
Temporary vs. final orders: how long they last
Maryland's three-tier system provides layered protection as a case moves toward a final hearing.
Interim Protective or Peace Order: Issued by a District Court commissioner at any hour of the day or night. Valid until a judge can hold a hearing, generally within 1 to 2 judicial business days. This is the emergency tier.
Temporary Protective or Peace Order: Issued by a judge ex parte after reviewing your petition. The respondent is served, and a full hearing is set within 7 days of service. The temporary order stays in effect until that hearing.
Final Order: Issued after a full hearing at which both parties may present evidence.
| Order Stage | Protective Order Duration | Peace Order Duration |
|---|---|---|
| Interim (commissioner) | Until judge hearing (1-2 business days) | Until judge hearing (1-2 business days) |
| Temporary (judge, ex parte) | Until final hearing (hearing within 7 days of service) | Until final hearing (hearing within 7 days of service) |
| Final | Up to 1 year (extendable; see below) | Up to 6 months (extendable 6 months for good cause) |
Maryland's Family Law Article section 4-507 provides three distinct paths for extending a final Protective Order beyond the initial term:
Six-month extension for good cause: On a showing of good cause at a further hearing, the court may extend the order by 6 months.
Two-year extension: The court may extend the order for up to 2 years from the date the extension is granted if (a) the respondent committed a subsequent act of abuse against a protected person during the term of the existing order, or (b) the respondent consents to the extension. No felony conviction is required for this path.
Permanent order: A court may issue a permanent Protective Order if the respondent was convicted of the act of abuse that led to the order (or of a subsequent act of abuse committed while the order was in effect), was sentenced to at least 5 years in prison, and has served at least 12 months of that sentence. A court may also issue a permanent order if the respondent consents to it.
Firearms and a Maryland protective order
Final Protective Orders carry a mandatory firearms-surrender requirement. When a final Protective Order is issued, the respondent must surrender all firearms to law enforcement for the duration of the order.
For Peace Orders, Maryland statutes do not impose an automatic firearm-surrender requirement, but courts have discretion to include firearms provisions in a Peace Order where the circumstances warrant.
In both cases, a qualifying final order also triggers the federal prohibition under 18 U.S.C. section 922(g)(8). Under that federal law, a person subject to a qualifying protective order is barred from possessing or purchasing any firearm or ammunition. The federal ban is independent of any state-level surrender requirement and applies automatically when the order meets the statutory criteria.
If you have concerns about the respondent's access to firearms, raise that with the judge when you seek the order.
What happens if someone violates the order?
Violating either a Maryland Protective Order or a Peace Order is a criminal misdemeanor.
For a Protective Order, the penalty under Maryland Family Law Article section 4-509 is:
- First offense: up to $1,000 fine, up to 90 days in jail, or both.
- Second or subsequent offense: up to $2,500 fine, up to 1 year in jail, or both.
For a Peace Order, the penalty under Courts and Judicial Proceedings Article section 3-1508 mirrors the same scale:
- First offense: up to $1,000 fine, up to 90 days in jail, or both.
- Second or subsequent offense: up to $2,500 fine, up to 1 year in jail, or both.
Maryland law enforcement can arrest a respondent without a warrant on probable cause that a protective order has been violated. If the respondent violates the order in any way, call 911 immediately. Write down the date, time, location, what happened, and the names of any witnesses. Save any text messages, voicemails, or other communications that show the violation. You can also report the violation to the court as contempt of court, which carries separate civil consequences.
Both criminal charges and contempt proceedings can proceed at the same time, giving courts multiple tools to enforce compliance.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
More Maryland Laws
- Maryland AI Meeting Recording Laws
- Maryland Alimony Laws
- Maryland At-Will Employment Laws
- Maryland Car Accident Laws
- Maryland Car Seat Laws
- Maryland Child Custody Laws
- Maryland Child Support Laws
- Maryland Common Law Marriage Laws
- Maryland Data Privacy Laws
- Maryland Divorce Laws
- Maryland Dog Bite Laws
- Maryland Emancipation Laws
- Maryland Expungement Laws
- Maryland Hit and Run Laws
- Maryland Landlord-Tenant Laws
- Maryland Lemon Laws
Sources
- Maryland Code, Family Law Article sections 4-501 to 4-516 (Protective Orders): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl§ion=4-506
- Maryland Code, Courts and Judicial Proceedings Article sections 3-1501 to 3-1513 (Peace Orders): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=3-1501
- Maryland Courts, Domestic Violence and Protective Orders self-help: https://www.mdcourts.gov/legalhelp/domesticviolence
Related pages
For a full state-by-state overview, see the cluster hub Restraining Order Laws by State.
You may also find these related pages useful: Maryland Recording Laws for information on documenting harassment or threats under Maryland law, and the site's coverage of stalking and personal safety topics.