What Is A Peace Order In Maryland?

04.12.2022 Irving S. Martin 0 Comments

In Maryland, peace orders are similar to protective orders as they involve court orders protecting against the harmful acts or threats of others. Often these are sought in domestic violence cases, but they can be used in other situations, like when a celebrity is seeking protection from an “overly devoted” fan.

Are current or former spouses; Have had a sexual relationship and lived together for at least 90 days during the last year; Are related by blood, marriage, or adoption; Have a parent-child or stepparent-stepchild relationship and lived together for at least 90 days during the last year; Have a child in common; and Have had a sexual relationship within 1 year before the petition.

In all other cases where no domestic relationship exists, a peace order would be needed.

Contents

1 What is Peace Order in Maryland?

What is Peace Order in Maryland?

Peace Order Generally – The Peace Order is a form of legal protection for anyone who is experiencing problems with an individual, including someone in a dating relationship, a neighbor, a stranger, or anyone else. The Peace Order enables an individual (Petitioner) who wishes to be left alone to ask the Court to order another person (Respondent) to stay away and refrain from any contact with you.

This article is a step-by-step guide to help you protect yourself.
Who can get a peace order? You can only get a Peace Order against a person if you are NOT eligible to get a protective order against the person.
A protective order applies in specific situations and includes certain family members, people living together, and current or former partners.

Learn more about protective orders, including a complete list of persons covered by the Protective Order law. You can only get a Peace Order if you are a Maryland resident (or your employee is an Maryland resident if you’re an employer filing on behalf of an employee) or if the act covered by the Peace Order law happened in Maryland.

Employers An employer can file a petition for a peace order on behalf of an employee based on certain threats or acts of violence against that employee in the employer’s workplace.
In this situation, the employer is the petitioner, and the employee is the the “on behalf of” party.
Your employer must notify you before filing the petition for a peace order on your behalf.

Your employer cannot retaliate against you for not providing information or not testifying at a peace order proceeding. An employer also has immunity from any civil liability that may result from not filing a petition for a peace order on behalf of an employee, but this immunity provision terminates on October 1, 2023.

An act that causes you serious bodily harm (e.g., kicking, punching, choking, shooting, stabbing, shoving); An act that places you in fear of serious imminent bodily harm; Assault in any degree; False imprisonment; Harassment (Read the law: Md. Code, Criminal Law § 3-803 ); Stalking (Read the law: Md. Code, Criminal Law § 3-802 ); Trespassing; Malicious destruction of property; Misuse of telephone facilities and equipment (Read the Law: Md. Code, Criminal Law § 3-804 ); Misuse of electronic communication or interactive computer service (Read the Law: Md. Code, Criminal Law § 3-805 ); Revenge porn (Read the Law: Md. Code, Criminal Law § 3-809 ); OR Criminal visual surveillance (Read the Law: Md. Code, Criminal Law §§ 3-901, 3-902, or 3-903 ).

Is there a time limit to file? Yes. You have thirty (30) days after the act occurs to file a petition with the Court.

What happens if a Peace Order is not served in Maryland?

Topics on this page –

Can I be eligible for both a protective order and a peace order? Can I file a petition for peace order in the circuit court? When can I file a petition for a peace order? Is there a time limit to file? Is there a filing fee? Can the judge issue mutual peace orders? Why didn’t the court order everything I asked for in the petition? How long will the peace order remain in place? Can you rescind or terminate a peace order? Can I appeal a peace order? Can I extend a peace order? What happens if the peace order is violated? Should I modify my peace order or should I get a new one?

Can I be eligible for both a protective order and a peace order? No. You can only qualify for a one or the other, not both. The relationship between the people generally determines whether a peace order or a protective order applies. Read the law: Md. Code, Courts and Judicial Proceedings § 3-1502, § 3-1503 Can I file a petition for peace order in the Circuit Court? No.

You must file the petition in District Court.
Read the law: Md.
Code, Courts and Judicial Proceedings § 3-1501 When can I file a petition for a peace order? Is there a time limit to file? Yes.
You have thirty (30) days after the act occurs to file a petition with the Court.
Read the law: Md.
Code, Courts and Judicial Proceedings § 3-1503 Is there a filing fee? Yes.

There is a $46 filing fee and a $40 service fee. The Court may waive the filing fee for indigent petitioners, but cannot waive the service fee. For more information about filing fee waivers, visit the Maryland Judiciary’s website, Can the judge issue mutual peace orders? The Court can only issue an order to the person who has filed a petition.

Thus, mutual orders are only available if both parties have filed for a peace order. If that’s the case, then the court can issue mutual orders if the courts finds, by a preponderance of the evidence (i.e., more likely than not) that each party committed and is likely to commit, in the future, an act of abuse.

Read the law: Md. Code, Courts and Judicial Proceedings § 3-1505 Why didn’t the court order everything I asked for in the petition? The court may only order the relief that is minimally necessary to protect the petitioner Read the law: Md. Code, Courts and Judicial Proceedings § 3-1505 How long will the peace order remain in place? Temporary peace orders normally do not last longer than 7 days, but judges may extend a temporary peace order as needed, but not to exceed 30 days.

Temporary peace orders may be extended to effectuate service of the order, to provide protection, or other good cause. The final peace order will state the effective period for the peace order, but cannot exceed 6 months. Read the law: Md. Code, Courts and Judicial Proceedings § 3-1504 ; § 3-1505 Can you rescind or terminate a peace order? Yes, a peace order may be rescinded or terminated after giving notice to all the parties (e.g., petitioner, petitioner’s employer, respondent) and a hearing.

Read the law: Md. Code, Courts and Judicial Proceedings § 3-1506 Can I appeal a peace order? Yes, a peace order may be appealed to the Circuit Court in the county of the District Court that issued the judgment. The appeal will be heard “de novo,” which means Petitioner must present their case all over again to the Circuit Court.

Read the law: Md.
Code, Courts and Judicial Proceedings § 3-1506 Can I extend a peace order? After a hearing and good cause shown, the Court may extend the length of a peace order by 6 months.
Read the law: Md.
Code, Courts and Judicial Proceedings § 3-1506 What happens if the peace order is violated? If the Respondent continues to harass or contact you, call the police immediately! If the Respondent does not follow the peace order, the Respondent may be found guilty of a misdemeanor and be subject to a fine of up to $1,000 or a jail sentence of up to 90 days.

The penalties are increased for a second and subsequent offense of violating the peace order. You can also file a contempt charge against the respondent. Read the law: Md. Code, Courts and Judicial Proceedings § 3-1507 ; § 3-1508 Should I modify my peace order or should I get a new one? Whether you should modify your existing peace order or seek a new peace order depends on the specific facts and circumstances of your situation.

How do I get rid of a Peace Order in Maryland?

Topics on this page –

Can I file the petition electronically? How long will the final protective order remain in place? Can I get a permanent protective order? What happens if the protective order is violated? Can you modify a protective order? Should I modify my protective order or should I get a new one? Can you rescind or terminate a protective order? Can I appeal a protective order? Can you extend a protective order? Can you get the same types of protection at each stage of the case? The circuit court issued a visitation order after my protective order. Which one do I have to follow? My protective order is from another state. Will Maryland enforce my protective order? I ‘m going to move out of state. Will another state enforce my Maryland protective order? Is a protective order a restraining order? Can the court issue mutual protective orders?

Can I file the petition electronically? A petitioner may electronically file a petition from the following locations:

domestic violence prevention/assistance program sexual assault prevention/assistance program human trafficking prevention/ assistance program child advocacy center vulnerable adult program hospital where the petitioner is receiving medical treatment another location approved by the court

After receiving an e-filed petition, the court should hold a hearing by video conference on the same business day if the petition is filed during regular court hours. If the petition is filed after court hours, the hearing should be held the next business day the court is open.

Program staff can find more information on the Maryland Courts website,
To request access to the page please contact your local clerk’s office,
Read the law: Md.
Code, Family Law § 4-505.1 How long will the final protective order remain in place? The final protective order will state the effective period for the protective order.

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Generally, the protective order cannot exceed one year. If the other party consents, the protective order can be effective for two years. There are some circumstances under which the order may become permanent (see the next question). It is important to know when the protective order has expired.

the individual was convicted and sentenced to serve a term of imprisonment of at least 5 years for the act of abuse that led to the issuance of the protective order AND the individual has served at least 12 months of the sentence; OR during the term of the protective order, the individual committed an act of abuse against the person eligible for relief AND the individual was convicted and sentenced to serve a term of imprisonment of at least 5 years for the act AND has served at least 12 months of the sentence.

The victim of the act of abuse described above must be the person eligible for relief in the interim, temporary, or final protective order. The protective order remains permanent until the victim requests that the court terminate the protective order.

The court form is available online through the Maryland Courts website, You can also get a paper from the clerk’s office. Read the Law: Md. Code, Family Law § 4-506 What happens if the protective order is violated? If the respondent continues to harass you or contacts you, you should call the police immediately.

If the respondent does not follow the order, the respondent may be found guilty of a misdemeanor and can be subject to a fine of up to $500 or a jail sentence of up to 90 days. The penalties are increased for a second and subsequent offense of violating the Protective Order.

If the respondent violates the Protective Order by failing to pay the required Emergency Family Maintenance, you may consider filing in court for contempt. If you file for contempt, there will be a contempt hearing, and the respondent will be ordered to pay what he/she owes you in Emergency Family Maintenance if the Judge finds that the respondent has violated the terms of the Order.

The Judge also has the authority to order an immediate and continuing wage withholding order. Learn more about enforcing orders. Read the Law: Md. Code, Family Law §§ 4-508, 4-509 Can you modify a protective order? Yes, you can ask the court to modify a protective order.

Notice must be given to all affected persons eligible for relief and the respondent. A hearing is required. The court form is available online through the Maryland Courts website, You can also get a paper from the clerk’s office. Read the law: Md. Code, Family Law Article § 4-507 Should I modify my protective order or should I get a new one? Whether you should modify your existing protective order or seek a new protective order depends on the specific facts and circumstances of your situation.

It’s a good idea to talk to an attorney. Learn more about getting help from a legal professional, Can you rescind or terminate a protective order? Yes, you can ask the court to rescind a protective order. Notice must be given to all affected persons eligible for relief and the respondent.

A hearing is also required. The court form is available online through the Maryland Courts website, You can also get a paper from the clerk’s office. Read the law: Md. Code, Family Law Article § 4-507 Can I appeal a protective order? Yes. If a District Court granted or denied the protective order, then the decision can be appealed to the circuit court in the county where the District Court is located.

Appeals to the circuit court are heard de novo (meaning a new trial). If a circuit court granted or denied the protection, then the decision can be appealed to the Court of Special Appeals. Read the law: Md. Code, Family Law Article § 4-507 Can you extend a protective order? The Court may extend the length of a Protective Order under certain circumstances.

After a hearing and good cause shown, you may extend the length of a Protective Order by 6 months. The standard of “good cause shown” is entirely up to the judge’s discretion. There is persuasive case law from other states that suggests what might be considered “good cause,” but Maryland law does not define “good cause” specifically.

If the respondent abuses you while the Protective Order is in effect, you can seek to extend the order for up to 2 years. If the respondent abuses you again within 1 year of the expiration of a Protective Order and the prior Protective Order was valid for at least 6 months, the Court may award you a 2-year Protective Order.

The Court may not, however, add any relief that was not previously awarded. The court form is available on the Maryland Courts website, You can also get a paper from the clerk’s office. Read the Law: Md. Code, Family Law Article §§ 4-506, 4-507 Can you get the same types of protection at each stage of the case? Not exactly.

There are some differences in the types of protection you can get at each stage of the case. Judges have the power to order different kinds of relief depending on whether it is an interim order, a temporary order, or a final order. Learn more. Also, be aware that there is a difference in how long each order remains in effect.

Interim orders generally expire at the end of the second business day after issuance or at the temporary protective order hearing, whichever is earliest.
Temporary protective orders generally remain in effect not more than 7 days, although the judge can extend this, as needed, up to 6 months to serve the abuser or for good cause.

A final protective order generally remains in effect up to 1 year and can be extended up to 2 years. Read the Law: Md. Code, Family Law § 4-504.1,§ 4-505, § 4-506 The circuit court issued a custody and visitation order after my protective order. Which one do I have to follow? A later circuit court order pertaining to any of the provisions included in the final protective order, such as custody, visitation, use and possession, and Emergency Family Maintenance, supersedes those provisions in the final protective order.

Read the Law: Md.
Code, Family Law § 4-506 My protective order is from another state.
Will Maryland enforce my protective order? Yes, Maryland will enforce an order of protection issued by a court of another state or a Native American tribe.
However, Maryland enforces the out-of-state or foreign protective order only to the extent that the relief granted in the order is permitted under § 4-506 of the Family Law Article of the Maryland Code.

Some states offer forms of relief that are not available in Maryland, and only those forms of relief that are available under Maryland law will be enforced. This is not a requirement, but you can register your out-of-state order for protection with the District Court or circuit court.

The court form is available on the Maryland courts website, Read the law: Md. Code, Family Law Article § 4-508.1 I’m going to move out of state. Will another state enforce my Maryland protective order? Yes. The federal Violence Against Women Act and the full faith and credit clause of the U.S. Constitution provides for valid Maryland protective orders to be enforceable in other states.

Make sure you check the other state’s laws as there may be limitations or additional requirements. Learn more about enforcement of out of state protective orders, Is a protective order a restraining order? The legal terms are not always the same across states.

Another state may refer to a protective order as a restraining order.
In Maryland, the term “protective order” is used.
Can the court issue mutual protective orders? The court can only issue an order to the person who has filed a petition.
Thus, mutual orders are only available if both parties have filed for a protective order.

If that’s the case, then the court can issue mutual orders if the courts finds, by a preponderance of the evidence (i.e., more likely than not) that mutual abuse has occurred, both parties acted as primary aggressors, and neither party acted primarily in self-defense.

Can peace orders be expunged in Maryland?

Do peace orders or protective orders go on ” your record”? – Both of these orders appear on the Maryland Judiciary Case search which is a public database of the Maryland court system. In some cases, you may shield them from public view. However, law enforcement and federal authorities would still have access to this information.

Can you appeal a Peace Order in Maryland?

What is the Process to Appeal a Peace Order in Maryland? – You can appeal the issuing of a peace order in Maryland. An applicant can also appeal the decision or a judge not to grant a peace order. Either party can appeal the decision of a district court judge to the circuit court.

What happens when there is peace and order?

A condition of peace and order facilitates the growth of investments, generates more employment opportunities and attracts more tourists. Economic development generally refers to the sustained, concerted actions of policymakers and communities that promote the standard of living and economic health of a specific area.

What is the difference between protection order and Peace Order?

Protection Orders and Peace Orders Protection orders are provided for in terms of the Domestic Violence Act (Chapter 5:16) while peace orders are provided for in terms of the Criminal Procedure and Evidence Act (Chapter 9:07). The effect of the two (protection orders and peace orders) is the same and it is to prevent/stop any current or future act, omission or behaviour by the respondent which is prohibited by law.

There are however some few differences between the two and where one uses the wrong application it may suffer a stillbirth.
Not everyone can apply for a protection order.
For one to be a complainant in terms of the Domestic Violence Act there should be some sort of relationship between the parties for example spouses (former or current), parent-child (in the wider sense), and former and current lovers.

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A complainant can also be a person who is or has been living with the respondent whether related or not. The Domestic Violence Act also provides that another person can make an application for a protection order on behalf of the complainant. These include police officers, social welfare officers, employer or fellow employee of complainant et cetera.

physical abuse sexual abuse emotional, verbal and psychological abuse economic abuse intimidation harassment stalking malicious damage to property unreasonable disposal of household effects or other property in which complainant has an interest

Some of the acts of domestic violence are criminal offences and police officers can arrest anyone who is reasonably suspected to have committed or threatens to commit such acts. Where an application for a protection order has been made, the court may issue an interim protection order if there is prima facie proof of acts of domestic violence by the respondent and that any delay in issuing the order may result in ‘serious or substantial harm or discomfort or inconvenience’ to the complainant.

Such an order is issued without hearing the Respondent.
The Respondent will then be heard on the return day before the issuance of a final protection order.
A complainant in a peace order application can be anyone, related or unrelated to the Respondent unlike the complainant in terms of the Domestic Violence Act.

Section 388 of the Criminal Procedure and Evidence Act states the circumstances under which one can apply for a peace order. It provides as follows;

“388 Binding over of persons to keep the peace (1) Where a complaint on oath is made to a magistrate that any person— (a) is conducting himself violently towards, or is threatening injury to, the person or property of another; or (b) has used language or behaved in a manner towards another likely to provoke a breach of the peace or assault;”

A protection order or a peace order should not be granted on the mere asking otherwise some may abuse the procedure to settle personal scores. Thus before granting a protection order or peace order the court will carry out an inquiry (although the word inquiry is not specifically used in the Domestic Violence Act).

This may include taking evidence on oath and examining witnesses.
The onus is on the complainant to prove the acts of domestic violence or breach of peace.
It therefore becomes necessary for the complainant to produce documentary evidence for example medical affidavits and police reports.
Where available witnesses can also be called to testify and be examined under oath in favour of the complainant.

As clear from the law it is not only physical acts or threats of physical harm for which one can apply for a protection order or peace order. Thus in dismissing an appeal against a protection order, the court in Moyo v Samuponda HB5/18 made the following finding; “There was abundant evidence of abuse being perpetrated against the respondent.

In fact the appellant is shown to have been a shameless male chauvinist living in the primitive feudalistic rhythm who had no qualms whatsoever with demanding of his wife that once dressed for work every morning she should parade in front of him for inspection to check if her dressing met his own standards.

A man who has come all the way to this court to defend a warped entitlement to determine how his wife dresses, who she interacts with and to vet all the people that communicate with her on her cellphone and at what time. It is just unthinkable that such things still happen in a civilized modern society.” If the court issues a protection order it shall also issue a warrant of arrest against the respondent which shall be suspended on condition that the Respondent complies with the order for a period of five years.

With regard to the granting of a peace order the court may order the respondent to enter into recognizances, with or without sureties for him to keep the peace towards the complainant and refrain from doing or threatening injury to his person or property.
The contents of this article are for general information purposes only and do not constitute our legal or professional advice.

We accept no responsibility for any loss or damage of whatsoever nature which may arise from reliance on any of the information published herein. Copyright © Marume&Furidzo Legal Practitioners 2020 : Protection Orders and Peace Orders

Does a peace bond have a time limit?

What happens if I breach a condition of the peace bond? – If you breach a condition during the duration of the peace bond, you may be subject to a criminal charge, and you may owe an amount of money to the court. When a person enters into a peace bond, they are sometimes asked to deposit an amount of money, which they forfeit if they breach the peace bond.

More often, they are asked to pledge an amount called “no-cash deposit”, which they will have to pay to the court if they breach any of the conditions of the peace bond.
If you are under a common law peace bond, criminal charges pursuant to section 127 of the Criminal Code for disobeying a court order, may be laid against you.

If you are under a section 810 peace bond, you may be charged under section 811 of the criminal code for breach of recognizance. The penalties in either case may involve jail of up to 2 years if the Crown proceeds by indictment. This goes to show that lawmakers (and the courts) frown upon breaching or disobeying court orders.

How do I get rid of a Peace Order in Maryland?

Topics on this page –

Can I file the petition electronically? A petitioner may electronically file a petition from the following locations:

Program staff can find more information on the Maryland Courts website, To request access to the page please contact your local clerk’s office, Read the law: Md. Code, Family Law § 4-505.1 How long will the final protective order remain in place? The final protective order will state the effective period for the protective order.

The court form is available online through the Maryland Courts website,
You can also get a paper from the clerk’s office.
Read the Law: Md.
Code, Family Law § 4-506 What happens if the protective order is violated? If the respondent continues to harass you or contacts you, you should call the police immediately.

If the respondent violates the Protective Order by failing to pay the required Emergency Family Maintenance, you may consider filing in court for contempt. If you file for contempt, there will be a contempt hearing, and the respondent will be ordered to pay what he/she owes you in Emergency Family Maintenance if the Judge finds that the respondent has violated the terms of the Order.

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Notice must be given to all affected persons eligible for relief and the respondent. A hearing is required. The court form is available online through the Maryland Courts website, You can also get a paper from the clerk’s office. Read the law: Md. Code, Family Law Article § 4-507 Should I modify my protective order or should I get a new one? Whether you should modify your existing protective order or seek a new protective order depends on the specific facts and circumstances of your situation.

After a hearing and good cause shown, you may extend the length of a Protective Order by 6 months.
The standard of “good cause shown” is entirely up to the judge’s discretion.
There is persuasive case law from other states that suggests what might be considered “good cause,” but Maryland law does not define “good cause” specifically.

The Court may not, however, add any relief that was not previously awarded. The court form is available on the Maryland Courts website, You can also get a paper from the clerk’s office. Read the Law: Md. Code, Family Law Article §§ 4-506, 4-507 Can you get the same types of protection at each stage of the case? Not exactly.

Interim orders generally expire at the end of the second business day after issuance or at the temporary protective order hearing, whichever is earliest. Temporary protective orders generally remain in effect not more than 7 days, although the judge can extend this, as needed, up to 6 months to serve the abuser or for good cause.

Read the Law: Md. Code, Family Law § 4-506 My protective order is from another state. Will Maryland enforce my protective order? Yes, Maryland will enforce an order of protection issued by a court of another state or a Native American tribe. However, Maryland enforces the out-of-state or foreign protective order only to the extent that the relief granted in the order is permitted under § 4-506 of the Family Law Article of the Maryland Code.

The court form is available on the Maryland courts website, Read the law: Md. Code, Family Law Article § 4-508.1 I’m going to move out of state. Will another state enforce my Maryland protective order? Yes. The federal Violence Against Women Act and the full faith and credit clause of the U.S. Constitution provides for valid Maryland protective orders to be enforceable in other states.

Another state may refer to a protective order as a restraining order. In Maryland, the term “protective order” is used. Can the court issue mutual protective orders? The court can only issue an order to the person who has filed a petition. Thus, mutual orders are only available if both parties have filed for a protective order.

Does a peace bond expire?

Will a Peace Bond be on my criminal record? A Peace Bond is a form of resolution in which the criminal charges are withdrawn with no finding of guilt. As a result of the charges being withdrawn, the accused is left with no criminal conviction for the alleged offence. Despite the criminal charges being withdrawn, a Peace Bond will still appear on certain record checks for duration of the Peace Bond which is usually 12 months. Once the Peace Bond expires, it will no longer appear on any record checks. Police Criminal Record Check A criminal record check is the most basic background check that is generally completed within an hour.

This type of background check only provides records of convictions and a such, a Peace Bond does not appear on this record check. Police Information Check Police Information Checks are more detailed than a police criminal record check. Information is searched from three databases and the results are provided on a Police Service certificate letter.

Disclosure will include Canada-wide Criminal Record History, Vulnerable Sector Search (if required) and Police History; this includes Local Police Information and Alberta Provincial court records. A Peace Bond will appear in this type of record check for the duration of the Peace Bond.

Once the Peace Bond expires, which is generally 12 months, the Peace Bond will no longer appear. Police Vulnerable Sector Check A Vulnerable Sector Check is the most comprehensive record check. Some organizations require a vulnerable sector check for potential employees or volunteers who may be working with vulnerable members of society such as children or people with disabilities.

A Peace Bond will appear in this type of record check for the duration of the Peace Bond. Once the Peace Bond expires, which is generally 12 months, the Peace Bond will no longer appear. Cory has represented individuals from all walks of life including lawyers, police officers, athletes, corporate executives, teachers, and everything in between. Cory believes in access to justice for every person charged with a criminal offence regardless of their economic background. : Will a Peace Bond be on my criminal record?

How long does a domestic violence prevention order last?

Domestic Violence Protection Notice (DVPN) – Another safeguard for victims is a Domestic Violence Protection Notice (DVPN) which police can serve on an alleged abuser who they view as posing a continuing risk of violence to their (ex-)partner. A police officer has to give the written notice to a perpetrator by hand.

A DVPN lasts for 48 hours and requires the abusive partner to leave the premises and not contact the victim.
They can be extended by up to 28 days by magistrates, who issue a Domestic Violence Protection Order (DVPO).
Survivors can use that time to consider their options and seek further support.
This is the criminal court equivalent of a non molestation order to protect an abused person from violence, the threat or fear or violence or harassment.

It is only imposed at the end of the criminal proceedings but can be imposed even if a defendant has been found not guilty of an offence if the Court believes the order is necessary to protect another from harassment. The order can be for a specified period or until further notice.

Irving S. Martin