Peace Orders - Frequently Asked Questions
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?
- Peace Orders - A 3-Part Video Series (from the Maryland Courts)
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. It’s a good idea to talk to an attorney.
Learn more about getting help from a legal professional.
Peace Orders - A 3-Part Series from the Maryland Courts
These videos detail the court process involved in obtaining a Peace Order. They explain the relationships that qualify for a Peace Order case and the steps and forms involved. There’s also information for people who have been served with a Peace Order.
Have You Been Served with a Peace Order?