what is a peace order maryland

3 min read 25-12-2024

Maryland peace orders are civil orders issued by a court to protect individuals from harassment or threats of violence. They're not criminal charges, but they can significantly impact the lives of those involved. Understanding what a peace order is and how it works is crucial for anyone potentially facing one or seeking protection through one.

Who Can Petition for a Peace Order in Maryland?

Anyone who has been harassed, threatened, or assaulted can petition the court for a peace order. This includes victims of domestic violence, stalking, harassment, or any other form of threatening behavior. The petitioner must demonstrate to the court that they have a reasonable fear of imminent harm. This fear must be based on specific incidents and not just a general feeling of unease.

Types of Peace Orders:

Maryland offers different types of peace orders, tailored to the specific circumstances:

Permanent Peace Orders: These are issued for a period of two years and are generally granted in cases involving more serious threats or a history of violence. They provide more extensive protection than temporary orders.
Temporary Protective Orders: Also known as Temporary Peace Orders, these are issued for shorter periods, often 30 or 60 days, while the court gathers more information to determine if a permanent order is warranted. They offer immediate protection while the case is pending.

What Does a Peace Order Do?

A peace order requires the respondent (the person accused of the harassment or threat) to take specific actions to ensure the petitioner's safety. These actions may include:

Prohibition of Contact: The respondent is typically prohibited from contacting the petitioner directly or indirectly, including through phone calls, emails, texts, social media, or even through a third party. Violation of this provision can lead to serious consequences.
Restrictions on Location: The respondent may be prohibited from coming within a certain distance of the petitioner's home, workplace, or other specified locations.
Possession of Firearms: In some cases, a peace order may restrict the respondent's ability to possess firearms. This is particularly relevant in cases involving domestic violence.
Relocation: In rare and extreme situations, the court might order the respondent to relocate to a different residence.

How to Obtain a Peace Order in Maryland:

Obtaining a peace order involves a legal process:

Filing a Petition: The petitioner must file a petition with the court, outlining the specific incidents of harassment or threat and providing any supporting evidence, such as police reports, photos, or witness statements.
Hearing: A court hearing is scheduled where both the petitioner and the respondent have the opportunity to present their cases and evidence. The judge will hear testimony and determine whether a peace order is warranted.
Order Issuance: If the judge finds that a peace order is necessary, they will issue the order specifying the terms and conditions.
Enforcement: If the respondent violates the terms of the peace order, the petitioner can petition the court for enforcement, which may involve fines, arrest, or other penalties.

Consequences of Violating a Peace Order:

Violating a peace order is a serious offense and can result in:

Arrest: Police can arrest a respondent who violates a peace order.
Jail Time: Violation can result in jail time.
Fines: Significant financial penalties can be imposed.
Further Legal Action: The violation itself can become the basis for additional legal charges.

Seeking Legal Assistance:

Navigating the peace order process can be complex. If you're considering seeking a peace order or are facing a petition for one, it's strongly recommended that you seek legal advice from a qualified attorney. They can guide you through the process, help you gather evidence, and represent you in court. Many organizations offer legal assistance to victims of domestic violence and other forms of abuse.

This information is for educational purposes only and should not be considered legal advice. Always consult with a legal professional for guidance on your specific situation.