Differences Between Protective Order and Peace Order

Family Law

🛡️ Protective Orders vs. Peace Orders in Maryland: A Legal Comparison

In Maryland, both Protective Orders and Peace Orders serve as civil remedies to protect and shield individuals from abuse, harassment, or threats. While they share procedural similarities, they are governed by distinct statutes, apply to different relationships, and offer varying scopes of relief. Understanding these differences is essential for attorneys, petitioners, and respondents navigating these legal proceedings.

⚖️ Governing Statutes for Protective Orders and Peace Orders

Protective Order Md. Code, Family Law § 4-501 et seq.

Peace Order Md. Code, Courts & Judicial Proceedings § 3-1501 et seq.

If you are seeking an attorney and legal representation in a protective order hearing or a peace order hearing call us direct at (301) 309-0660 or visit our Contact page HERE.

👥 Eligibility: Who Can File?

Protective Orders

Available only to individuals with specific relationships to the respondent:

• Current/former spouse

• Cohabitant (90+ days within 1 year)

• Relative by blood, marriage, or adoption

• Parent/stepparent/child/stepchild residing together

• Vulnerable adult

• Shared parent of a child

• Sexual relationship within 1 year

• Victim of rape/sexual offense within 6 months

Statute: Md. Code, Fam. Law § 4-501(m)

Peace Orders

Available to individuals not eligible for a protective order:

• Neighbors, coworkers, acquaintances, strangers

• Employers filing on behalf of threatened employees

Statute: Md. Code, CJP § 3-1502(a)

🚨 Definition of Abuse

Protective Order Abuse Includes:

• Assault

• Stalking

• False imprisonment

• Rape or sexual offense

• Child or vulnerable adult abuse

• Threat of serious bodily harm

Statute: Md. Code, Fam. Law § 4-501(b)

Peace Order Abuse Includes:

All of the above plus:

• Harassment

• Trespass

• Visual surveillance

• Revenge porn

• Malicious destruction of property

• Misuse of electronic communications

Statute: Md. Code, CJP § 3-1501(a)

If you are seeking an attorney and legal representation in a protective order hearing or a peace order hearing call us direct at (301) 309-0660 or visit our Contact page HERE.

🧾 Relief Available Through Protective Orders and Peace Orders

Protective Orders May Include:

• No contact/stay away

• Vacate shared home

• Temporary custody of children

• Emergency family maintenance

• Firearm surrender

Statute: Md. Code, Fam. Law § 4-506(d)

Peace Orders May Include:

• No contact/stay away

• Counseling referral

• Prohibition of specific acts

Statute: Md. Code, CJP § 3-1503.1

⏱️ Duration of Protective Orders and Peace Orders

Protective Order Up to 1 year, extendible

Peace Order Up to 6 months, extendible for additional 6 months

🧠 Case Law Highlights for Protective Orders and Peace Orders

Koshko v. Haining, 398 Md. 404 (2007) – Clarified constitutional limits on custody relief in protective orders—emphasizing due process when awarding custody without full family law proceedings.

Carrasquillo v. State, 230 Md. App. 100 (2016) – Affirmed that violation of a peace order is a criminal offense under Md. Code, CJP § 3-1508, even if the underlying conduct is minor.

Gillespie v. Gillespie, 206 Md. App. 146 (2012) – Held that mutual protective orders require independent findings of abuse for each party—courts cannot issue mutual orders without separate petitions and hearings.

🔍 Strategic Considerations When Seeking Protective Order or Peace Orders

Jurisdiction: Protective orders may be filed in District or Circuit Court; peace orders are filed only in District Court.
Burden of Proof: Both require proof by a preponderance of the evidence at final hearings.
Collateral Consequences: Protective orders may trigger firearm prohibitions under federal law; peace orders typically do not unless paired with criminal charges.
Mutual Orders: Courts may not issue mutual protective orders unless both parties file and prove abuse independently (Gillespie).

🧭 Conclusion

While both protective and peace orders aim to prevent future harm, Protective Orders are reserved for intimate or familial relationships and offer broader relief, including custody and housing protections. Peace Orders serve a wider public, covering harassment and abuse from non-domestic actors. Attorneys must carefully assess relationship status, statutory eligibility, and evidentiary burdens before filing.

If you are filing to obtain a court order that protects your safety and health, precision matters—misfiling the wrong type of order can delay relief, jeopardize credibility, or expose you to unnecessary risk.

If you are seeking an attorney and legal representation for a obtaining a protective order due to domestic violence or abuse call us direct at (301) 309-0660 or visit our domestic violence page HE RE.

If you are seeking a defense attorney and legal representation to defend against a protective order call us direct at (301) 309-0660 or visit our protective order page HERE.

If you are seeking an attorney and legal representation for a peace order hearing call us direct at (301) 309-0660 or visit our peace order page HERE.

Kamkari Law – Protective and Peace Order Lawyers

Serving Montgomery, Frederick, & Howard Counties in Maryland

(301) 309-0660

ask@kamkarilaw.com

Protective and peace order lawyer

Peace and protective order lawyer