A protective order in Maryland can restrict where you live, where you go, and who you contact. It can affect your custody arrangement, your ability to possess firearms, and even your employment. If a protective order has been filed against you, you have the right to contest it — and in many cases, a skilled defense attorney can get it dismissed or modified.
At SoMD Criminal Defense, we defend clients against protective orders throughout Southern Maryland. Here is what you need to know about challenging a protective order in Maryland courts.
Types of Protective Orders in Maryland
Maryland has several types of protective orders, and understanding which one you are facing is the first step toward fighting it.
Interim protective orders are issued by a District Court commissioner, typically when the court is closed. They last until a judge can review the petition, usually the next business day. No hearing is required — the petitioner simply needs to allege certain facts to the commissioner.
Temporary protective orders are issued by a judge after reviewing the petition. The judge may issue a temporary order without your input, based solely on the petitioner’s written allegations. A temporary order lasts up to 7 days, after which a final protective order hearing must be held.
Final protective orders are issued after a hearing where both sides have the opportunity to present evidence and testimony. A final order can last up to one year and can be extended. This hearing is your primary opportunity to fight the order.
Peace orders are similar to protective orders but apply to people who do not have a domestic or intimate relationship — neighbors, coworkers, acquaintances, or strangers. The process and hearing structure are similar.
Grounds for Dismissing a Protective Order
A protective order can be challenged and dismissed on several grounds. The petitioner bears the burden of proving that the order is necessary, and if they fail to meet that burden, the court should deny or dismiss the order.
Insufficient evidence of abuse or threat. To obtain a final protective order, the petitioner must prove by a preponderance of the evidence that an act of abuse occurred. If the allegations are vague, uncorroborated, or inconsistent, the judge may find the petitioner has not met their burden.
Credibility issues. If the petitioner’s testimony is contradicted by text messages, witnesses, surveillance footage, or other evidence, the judge may question their credibility and deny the order.
The petitioner does not appear. If the petitioner fails to show up for the final protective order hearing, the court will typically dismiss the case. However, you must still attend the hearing — failing to appear can result in a default order against you.
No qualifying relationship. Protective orders under Maryland’s domestic violence statute require a specific relationship between the parties — spouse, cohabitant, blood relative, person with a child in common, or someone in an intimate relationship. If the required relationship does not exist, the order should not be granted as a protective order (though a peace order may still apply).
Mutual conduct. If both parties engaged in the alleged conduct, a judge may decline to issue a one-sided protective order, particularly when the petitioner initiated or escalated the situation.
What to Expect at the Final Protective Order Hearing
The final protective order hearing is your chance to present your side. Both the petitioner and the respondent can testify, call witnesses, and introduce evidence such as text messages, photographs, medical records, and video footage.
The hearing is conducted before a judge — there is no jury. The judge will listen to both sides and decide whether the petitioner has proven that abuse occurred and that a protective order is necessary for their safety. If the petitioner has not met their burden, the judge should deny the final order.
Having an attorney at this hearing is critical. A defense lawyer can cross-examine the petitioner, challenge inconsistencies in their testimony, present evidence on your behalf, and make legal arguments that protect your rights.
Consequences of a Protective Order
A protective order is a civil matter, not a criminal charge. However, the consequences can be severe. A final protective order can require you to vacate your home, surrender firearms, pay temporary support, and have no contact with the petitioner or their children. It will also appear in background checks and can affect custody proceedings.
Most importantly, violating a protective order is a criminal offense. Even accidental contact — a text message, a phone call, or showing up at a location where the petitioner happens to be — can result in arrest and criminal charges for violation of a protective order.
Do Not Violate the Order While Fighting It
While you are contesting a protective order, you must strictly comply with its terms. Any violation — even one you consider minor — can result in criminal charges and will severely undermine your case. Do not contact the petitioner directly or through third parties. Do not go to locations the order prohibits. Follow every restriction while your attorney works to get the order dismissed or modified.
Fighting a Protective Order in Southern Maryland
SoMD Criminal Defense has defended clients against protective orders in District and Circuit Courts across Southern Maryland, including Waldorf, La Plata, Calvert County, St. Mary’s County, and Prince George’s County. We know how these hearings work in local courts and prepare every case to give our clients the best chance at dismissal.
Contact a Protective Order Defense Attorney
If a protective order has been filed against you, do not wait until the hearing to get legal help. Call SoMD Criminal Defense at (240) 556-2933 or contact us online for a free consultation. We will review the petition, gather evidence, prepare your defense, and represent you at the hearing to fight for the best possible outcome.
If you are facing criminal charges in Southern Maryland, contact the experienced defense attorneys at SoMD Criminal Defense. We serve clients in Charles County, Calvert County, St. Mary’s County, and Prince George’s County. Call (301) 818-0389 or contact us online for a free consultation.
Frequently Asked Questions
How long does a protective order last in Maryland?
A temporary protective order typically lasts up to 7 days. A final protective order can last up to one year, but the court can extend it for an additional six months at a time upon the petitioner’s request. An interim protective order issued by a commissioner lasts until a judge can review the case, usually the next business day.
Can a protective order be dismissed if the petitioner wants to drop it?
The petitioner can request that the court dismiss the protective order, and many judges will honor that request. However, the decision to dismiss is ultimately up to the judge, who will consider whether dismissal serves the interests of justice and safety. Having an attorney present your case at the hearing strengthens your position regardless of what the petitioner wants.
Does a protective order go on my criminal record?
A civil protective order is not a criminal conviction and does not appear on your criminal record. However, the existence of a protective order can affect child custody proceedings, firearm rights, and employment in certain fields. Violating a protective order is a criminal offense that would result in a criminal record if convicted.
