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How do I get a restraining order in Maryland?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Maryland's two-track system distinguishes Protective Orders (intimate) from Peace Orders (everyone else).

1. Types of Protective Orders

  • Protective Order — Md. Code Ann., Family Law § 4-501 et seq.
  • Peace Order — Cts. & Jud. Proc. § 3-1501 et seq. (for non-eligible relationships).
  • Interim Protective Order — issued by District Court commissioner when courthouse closed (§ 4-504.1).
  • Temporary Protective Order — issued by judge same day (§ 4-505).
  • Extreme Risk Protective Order (ERPO) — Public Safety § 5-601 et seq. (red flag).

    • 2. Eligibility

    Protective Order requires "person eligible for relief" (§ 4-501): spouse, former spouse, cohabitant (90 days within 1 year), related by blood/marriage/adoption, parent/stepparent/child/stepchild residing with petitioner 90 days within 1 year, person with a child in common, vulnerable adult, person in sexual relationship within 1 year. Peace Orders cover everyone else (neighbors, dating partners under 90 days, coworkers).

    3. Filing

    File in District Court (or Circuit Court if pending family case) of county of residence. No filing or service fee for Protective Orders (§ 4-504(d)) or Peace Orders (§ 3-1503(d)).

    4. Emergency / Ex Parte

    Interim: granted by commissioner outside court hours; lasts until next court day. Temporary: same-day judicial review on showing of "reasonable grounds to believe" abuse occurred (§ 4-505); lasts up to 7 days (extendable to 30).

    5. Final Hearing

    Held within 7 days of temporary order. Standard: preponderance (raised from clear and convincing in 2014). Respondent personally served. Both parties present testimony, evidence.

    6. Permanent Order Duration

    Up to 1 year initially (§ 4-506(j)); may be extended for additional 6 months on motion (§ 4-507). Permanent order possible after respondent's conviction for violent crime against petitioner.

    7. Enforcement

    Violation is misdemeanor under § 4-509: first offense up to 90 days jail and $1,000 fine; subsequent offenses up to 1 year and $2,500. Arrest mandatory on probable cause (Crim. Proc. § 2-204). Firearm surrender required (§ 4-506(f)); federal prohibition under 18 U.S.C. § 922(g)(8).

    8. Modification / Rescission

    Either party may motion to modify or rescind under § 4-507; respondent must show good cause.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent contests the final hearing with counsel
    • Custody, support, or use of the residence is intertwined with the order
    • Handgun wear/carry permit or police-officer firearm is at risk
    Related Statutes & Laws
    • Md. Code, Family Law § 4-501 et seq.
    • Md. Code, Cts. & Jud. Proc. § 3-1501 et seq.
    • Md. Code, Family Law § 4-509
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.