Protective Orders and Minor Offenses

Protective orders and misdemeanor charges may seem less serious than felonies — but their consequences are anything but minor. A protective order can restrict where you live, who you can contact, whether you can possess a firearm, and whether you can see your children. A misdemeanor conviction can affect your employment, your professional licenses, and your immigration status. These cases deserve serious legal representation from an attorney who will fight for the best possible outcome.

At SoMD Criminal Defense, we represent clients on both sides of protective order proceedings and defend all categories of misdemeanor charges in Maryland. Whether you have been served with a protective order, need to defend against one, or are facing criminal charges for a misdemeanor offense, we are ready to help. Call (301) 818-0389 for a free consultation.

Protective Orders in Maryland: What You Need to Know

Maryland law provides several types of protective orders, each with different requirements, durations, and legal effects. Understanding which type of order applies to your situation is the first step in building an effective response.

Types of Protective Orders in Maryland

Interim protective orders are issued by a District Court commissioner — often the same day a petition is filed, without a full hearing. They are temporary and typically last until a judge can hold a hearing, usually within a few days. Temporary protective orders are issued by a judge after an initial hearing. The respondent (the person against whom the order is sought) may or may not be present. They typically last up to 7 days. Final protective orders are issued after a full hearing where both parties can present evidence and testimony. They can last up to one year and can be renewed. In cases involving serious abuse, extended protective orders lasting up to two years may be issued.

What a Protective Order Can Require

A Maryland protective order can impose a wide range of restrictions, including no contact provisions (prohibiting all communication with the petitioner), stay-away provisions (requiring you to leave a shared home), move-out provisions, surrender of firearms, restrictions on visitation with children, and mandatory counseling. Violating any of these provisions is a criminal offense that can result in arrest and incarceration.

Peace Orders in Maryland

Peace orders function similarly to protective orders but are available between individuals who do not have a qualifying domestic relationship. They are used in situations involving harassment, stalking, trespassing, and other conduct between neighbors, coworkers, or acquaintances. Peace orders carry the same enforcement mechanisms as protective orders — violation is a criminal offense.

Extreme Risk Protective Orders (ERPO)

Maryland’s red flag law allows police or a family member to petition for an Extreme Risk Protective Order, which requires you to surrender all firearms. An ERPO can be issued based on a petition alone — without a criminal charge, a hearing, or prior notice to you. If you have been served with an ERPO, you need an attorney immediately. We can represent you at the final ERPO hearing and challenge the basis for the order.

Misdemeanor Defense in Maryland

Misdemeanors in Maryland cover a wide range of conduct and carry penalties from fines to incarceration. While they are classified as less serious than felonies, a misdemeanor conviction still creates a criminal record that can affect your life long after the case is resolved.

Common Misdemeanor Charges We Defend

• Second-degree assault
• Disorderly conduct and disturbing the peace
• Public intoxication
• Trespassing
• Driving on a suspended or revoked license
• Reckless driving
• Possession of less than 10 grams of marijuana
• Shoplifting and petty theft
• Harassment and stalking
• Violation of a protective or peace order
• Malicious destruction of property (under $1,000)

Even for charges that seem straightforward, we look at every aspect of the case — the constitutionality of the stop or arrest, the strength of the State’s evidence, any applicable defenses, and the consequences of different outcomes for your specific situation. For first-time offenders, we frequently secure outcomes that avoid a criminal record entirely through probation before judgment (PBJ) or dismissal.

If You Have Been Served with a Protective Order

If you have been served with an interim or temporary protective order, you typically have a hearing scheduled within days. That hearing is your opportunity to challenge the order before it becomes final — and if you do not have an attorney, you are at a significant disadvantage. We can represent you at any stage of protective order proceedings, from the initial hearing through any appeal or modification request.

If you need a protective order for your own protection, we can also help you understand your options and navigate the petition process. Our goal is to ensure that whatever outcome the law provides, you have the information and representation to achieve it.

Contact a Southern Maryland Protective Order and Misdemeanor Defense Attorney

If you are facing a protective order proceeding or a misdemeanor charge in Southern Maryland, contact SoMD Criminal Defense today. Call (301) 818-0389 for a free consultation or reach out online. We represent clients in Charles County, Prince George’s County, Calvert County, and St. Mary’s County — in Waldorf, La Plata, Prince Frederick, Lexington Park, and Upper Marlboro.