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How to Get a Restraining Order in Maryland: Protective Order Steps

Patrick Crawford
Patrick
Crawford
how to get a restraining order in maryland protective order steps

To get a restraining order in Maryland, file a petition for a protective order in District Court or Circuit Court, or with a District Court commissioner when the courts are closed. Maryland does not use the term “restraining order.” Protective orders cover family and household members and intimate partners, and peace orders cover everyone else.

This guide from the Law Office of Patrick Crawford walks through the filing steps in Anne Arundel County, what happens at the temporary and final hearings, what to bring, how long an order lasts, and what changed under Maryland law on October 1, 2026. If you are in danger right now, call 911. For help building a safety plan or deciding what to file, our Annapolis protective order attorney can guide you through each step.

Key Takeaways

  • Maryland’s version of a restraining order is a protective order under Family Law 4-501 through 4-516 for spouses, former spouses, relatives, cohabitants, co-parents, and people in a sexual relationship within the past year; a peace order under Courts and Judicial Proceedings 3-1501 through 3-1511 covers everyone else.
  • There is no filing fee for a protective order petition, and the petitioner cannot be charged for service of the order, under Family Law 4-504.
  • You file form CC-DC-DV-001, Petition for Protection from Domestic Violence, at the District Court in Annapolis or Glen Burnie, the Circuit Court in Annapolis, or with a District Court commissioner after hours for an interim order.
  • A temporary protective order is usually heard the same day you file and, as of October 1, 2026, can last up to 14 days after it is issued, with the final hearing set within that window.
  • A judge issues a final protective order when abuse is proven by a preponderance of the evidence; the order generally lasts up to one year, can be extended, and can be made permanent in limited circumstances under Family Law 4-506(k).
  • Violating a protective order is a crime under Family Law 4-509, and police must arrest a respondent they have probable cause to believe is violating an active order.

What Is the Maryland Equivalent of a Restraining Order?

Maryland law does not contain a “restraining order” for abuse cases. Instead, it offers two civil orders that do the same job: a protective order and a peace order. Which one you qualify for depends on your relationship with the person you need protection from, not on how serious the abuse was.

Who Can Get a Protective Order?

Under Family Law 4-501, a “person eligible for relief” includes a current or former spouse, a cohabitant who lived with the respondent for at least 90 days in the past year, a relative by blood, marriage or adoption, a parent, stepparent, child or stepchild who lived with the respondent, a vulnerable adult, someone who has a child in common with the respondent, someone who had a sexual relationship with the respondent within the past year, and someone who alleges the respondent committed rape or a sexual offense against them within the past six months.

“Abuse” under the same section means an act that causes serious physical injury, an act that places you in fear of imminent serious physical injury, assault in any degree, rape or a sexual offense or an attempt, false imprisonment, stalking, and revenge porn. Threats and controlling behavior that make you reasonably fear being hurt can qualify even if no injury has happened yet.

When Is a Peace Order the Right Choice?

If the person is a neighbor, coworker, acquaintance, former dating partner, someone you never lived with, or anyone else outside the protective order categories, you can file for a peace order under Courts and Judicial Proceedings 3-1503. Peace orders cover harassment, stalking, trespass, malicious destruction of property, assault, and similar acts, but the act must have occurred within 30 days before you file. Our comparison of protective orders vs. peace orders in Maryland explains the differences in relief and duration.

Where Do You File for a Protective Order in Anne Arundel County?

You can file a protective order petition at either the District Court or the Circuit Court, and you can file where you live, where the respondent lives, or where the abuse happened. If you already have an open divorce or custody case with the same person, the Maryland Judiciary suggests filing at the courthouse handling that case.

In Anne Arundel County, your options are:

  • District Court of Maryland, Annapolis: 251 Rowe Boulevard, Annapolis, MD 21401. Open 8:30 a.m. to 4:30 p.m., Monday through Friday, except holidays.
  • District Court of Maryland, Glen Burnie: 7500 Governor Ritchie Highway, Glen Burnie, MD 21061. Same hours.
  • Circuit Court for Anne Arundel County: 8 Church Circle, Annapolis, MD 21401, which also houses a Family Law Walk-In Help Center.
  • District Court Commissioner’s Office: available nights, weekends, and holidays when the clerks’ offices are closed. The commissioner’s office only accepts protective order petitions when the courts are closed.

Most Annapolis residents find the District Court on Rowe Boulevard the fastest option during business hours. Residents of Severna Park, Crofton, and Glen Burnie often use the Glen Burnie location. Our Severna Park protective orders lawyer page covers the local process for the county’s northern part.

How Do You File a Protective Order in Maryland Step by Step?

The Maryland Judiciary’s domestic violence self-help page describes the process, and the steps below follow it. There is no filing fee, and law enforcement serves the papers at no cost to you.

  1. Get to safety first. If you are in immediate danger, call 911. Police can help you leave safely and can refer you to the commissioner’s office after hours.
  2. Complete form CC-DC-DV-001. The Petition for Protection from Domestic Violence is available at any clerk’s office, from a commissioner, or online. You can also complete it through the Judiciary’s Guide and File interview. Write out what happened in specific detail: dates, what was said, where you were hurt, and whether the respondent has weapons.
  3. Add the Description of Respondent. Form CC-DC-DV-001A gives the sheriff or police what they need to find and serve the respondent, including a physical description, address, vehicle, and workplace.
  4. Protect your address if needed. File form CC-DC-DV-026, Request to Withhold Address, if revealing where you live would put you at risk. Otherwise, your contact information is shared with the respondent.
  5. Sign the petition under oath. Family Law 4-504 requires the petition to be sworn, so a clerk or commissioner will have you sign it under penalty of perjury.
  6. Attend the temporary order hearing. During court hours, a judge will usually hear your petition the same day. After hours, the commissioner holds an interim hearing immediately.

Filing Electronically Through an Advocacy Organization

Since October 1, 2022, a petitioner can file a temporary protective order petition electronically from an approved domestic violence program or medical facility, with the hearing held by video. Ask the advocate or hospital social worker whether their location is authorized. For some clients, this is the safest way to file without traveling to a courthouse.

What Happens at a Temporary Protective Order Hearing?

The temporary hearing is one-sided. The respondent is not present, and the judge decides based only on your sworn petition and your testimony. Under Family Law 4-505, the judge will issue a temporary protective order if there are reasonable grounds to believe that a person eligible for relief has been abused.

A temporary order can require the respondent to stop abusing or threatening you, stop all contact, stay away from your home, workplace, school,l or child care provider, leave a shared home, surrender firearms in cases involving a gun or serious injury, and it can give you temporary custody of your children and possession of a pet. Law enforcement then serves the respondent in person.

How Long a Temporary Order Lasts

Under Chapter 791 of the 2026 Maryland laws, which took effect on October 1, 2026, a temporary protective order remains in effect for up to 14 days after it is issued, and the final hearing is scheduled within that 14-day period. Before this change, the limit was 7 days after service. The judge can extend a temporary order for up to six months to allow time to serve the respondent or for other good cause, and if the court is closed on the day the order would expire, it stays in effect until the next court day. Our page on the three types of protective orders in Maryland explains how interim, temporary, and final orders fit together.

What an Interim Order Does

If you file with a commissioner after hours, an interim protective order under Family Law 4-504.1 bridges the gap until a judge can hear the case. It offers similar protections and lasts until the temporary hearing or the end of the second business day after it was issued, whichever comes first.

What Happens at a Final Protective Order Hearing?

The final hearing is a trial in miniature. Both sides appear before a judge, both can testify, and both can call witnesses and present evidence. Under Family Law 4-506, the judge may grant a final protective order after finding, by a preponderance of the evidence, that abuse occurred, or if the respondent consents to the order without a finding of abuse.

Preponderance of the evidence means it is more likely than not that the abuse happened. That is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases, which is why a protective order can be granted even if no criminal charges were filed or a criminal case was dropped.

What to Bring to the Final Hearing

  1. Printed copies of text messages, emails, voicemails, and social media messages, with dates visible.
  2. Photographs of injuries or property damage, ideally with the date they were taken.
  3. Medical records or discharge papers from any treatment.
  4. Police report numbers and the names of responding officers.
  5. Witnesses who saw or heard the abuse, or a request that the clerk issue subpoenas, which are free for the petitioner.
  6. A short written timeline so you can testify clearly and in order.

What a Final Order Can Require

A final protective order can order the respondent to refrain from abuse and contact, stay away from your home, work, school, and your children’s child care, vacate a shared home, surrender all firearms for the life of the order, attend counseling or a domestic violence program, and pay emergency family maintenance. The court can also award temporary custody and set supervised or restricted visitation. As of October 1, 2026, Family Law 4-506(d)(14) also allows the judge to order the respondent to reimburse you for losses caused by the abuse, including medical bills, property repair, relocation costs, transportation, filing fees, and reasonable attorney’s fees. The full text of these 2026 changes is in House Bill 497, now Chapter 791.

How Long Does a Protective Order Last in Maryland?

A final protective order lasts for the period the judge sets, up to one year under Family Law 4-506(j). If the respondent commits new abuse within one year after a prior final order expires, and that prior order lasted at least six months, the new order can last up to two years. Consent orders follow the same limits.

Extensions

Under Family Law 4-507, a judge can extend a final order by six months for good cause after notice and a hearing. If the judge finds that the respondent committed a new act of abuse during the order, or the respondent consents, the extension can run up to two years. If you file a motion to extend before the order expires, the court must hold a hearing within 30 days, and the order stays in effect until that hearing happens.

Permanent Protective Orders

Family Law 4-506(k) requires the court to issue a permanent protective order when the victim requests one and the respondent was sentenced to at least five years in prison for the abuse and has served at least 12 months, committed new abuse during the order and received that kind of sentence, or consents. A permanent order stays in place unless the protected person asks the court to end it.

What Happens if the Order Is Violated

Violating a protective order is a crime under Family Law 4-509. A first offense carries up to 90 days in jail and a $1,000 fine; a second offense carries up to one year in jail and a $2,500 fine. Police must arrest a person they have probable cause to believe is violating an order. Keep a copy of your order with you and report every violation.

How to Prepare: Practical Advice From Our Annapolis Attorneys

The Law Office of Patrick Crawford has represented petitioners and respondents in Anne Arundel County protective order cases for more than 22 years. These are the steps that consistently make the biggest difference.

  • Write the petition like a witness statement. Judges grant temporary orders based on specific facts. “He grabbed my arm and pushed me into the wall on October 3 after I said I was leaving” is far more persuasive than “he is abusive.”
  • Preserve evidence before you file. Screenshot messages with the sender’s name and date visible, back them up somewhere the respondent cannot access, and change passwords on shared accounts.
  • Do not contact the respondent after the order is served. An order restricts the respondent, not you, but reaching out gives the defense an argument that you were not afraid and complicates the final hearing.
  • Think about custody and the house before the hearing. The final order can decide who stays in the home and who has the children for up to a year. Ask for the relief you actually need rather than only a no-contact provision.
  • Show up to the final hearing. If the petitioner does not appear, the temporary order usually ends, and the case is dismissed.
  • Get legal help if the respondent has a lawyer. The final hearing involves cross-examination and evidence rules, and the outcome affects any later divorce or custody case. The Circuit Court’s Family Law Walk-In Help Center and the Maryland Court Help Center at 410-260-1392 can assist with forms, and our protective order lawyers in Annapolis handle contested hearings.

Frequently Asked Questions

How much does it cost to file a protective order in Maryland?

Nothing. Under Family Law 4-504, the court cannot charge a filing fee or costs to issue or serve an interim, temporary, or final protective order, and witness subpoenas are also free to the petitioner. A judge can order the respondent to pay filing fees, court costs, and attorney’s fees as part of a final order.

How fast can you get a protective order in Maryland?

Usually the same day. If you file during court hours, a judge typically holds the temporary hearing that day, and the order takes effect once the respondent is served. If the courts are closed, a District Court commissioner can issue an interim order immediately, and the temporary hearing is held on the next court day.

What is the difference between a protective order and a peace order in Maryland?

A protective order is for abuse by a spouse, former spouse, cohabitant, relative, co-parent, or someone you had a sexual relationship with in the past year, and it can last up to one year or longer. A peace order, for everyone else (such as a neighbor, coworker, or acquaintance), must be filed within 30 days of the act and generally lasts up to six months. Both orders carry criminal penalties for violations.

Can a protective order be dropped in Maryland?

Yes, but only the court can drop it. The petitioner can file a motion to rescind the order under Family Law 4-507, and the judge will decide after notice and a hearing. Until a judge signs an order ending it, the protective order remains fully enforceable even if the petitioner says contact is okay.

Does a protective order show up on a background check in Maryland?

Protective order cases are civil matters, but they are public court records and appear in Maryland Judiciary Case Search unless shielded. A respondent may ask the court to shield a denied or dismissed petition under Family Law 4-512. A final order can affect firearm rights, employment in some fields, and later custody cases.

Do I need a lawyer to get a protective order in Maryland?

No. Many people file on their own, and court help centers can assist with the forms. A lawyer becomes especially valuable at the final hearing, where testimony, cross-examination, and evidence rules decide the result, and when custody, the family home, or a pending divorce is also at stake.

Get Help With a Maryland Protective Order Today

Getting a restraining order in Maryland comes down to filing the right petition in the right court, with specific facts, and being prepared for the final hearing within two weeks. The Law Office of Patrick Crawford helps clients in Annapolis, Severna Park, Crofton, and Glen Burnie through every stage, from drafting the CC-DC-DV-001 petition to presenting evidence at the final hearing and addressing the custody and property questions that follow.

Learn more about our protective order representation, then contact the Law Office of Patrick Crawford to schedule a consultation at 170 West Street in Annapolis or by calling (410) 216-7905. If you cannot safely call a law office right now, the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233.

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Patrick Crawford

Patrick Crawford is an Annapolis Divorce Lawyer dedicated to helping you through the most complex and emotional family law matters. During his career, Patrick has successfully represented countless people in divorce, child custody, child support, domestic violence, and other family law cases of diverse complexity.

Years of experience: 22+ years.
Maryland Registration Status: Active and authorized to practice law.
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