How Protective Order Violations Are Investigated
Protective order violations are typically reported by the petitioner (the person who obtained the order) to local law enforcement. In Charles County, Calvert County, St. Mary’s County, and Prince George’s County, police take these reports seriously and respond promptly. When an officer investigates an alleged violation, they will review the terms of the protective order, interview the petitioner and any witnesses, and examine evidence such as text messages, phone records, social media interactions, surveillance footage, and GPS data.
It is important to understand that the petitioner does not have to be afraid or feel threatened for a violation to occur — any contact or proximity that violates the specific terms of the order constitutes a violation. Officers have the authority to arrest you on the spot if they have probable cause to believe a violation occurred, and prosecutors treat these cases as high priority.
Common Ways People Inadvertently Violate Protective Orders
Many of our clients are charged with protective order violations without intending to violate the order. Common scenarios include inadvertent contact at shared locations such as grocery stores, children’s events, or places of worship where both parties happen to be present. Third-party communication where a friend or family member passes messages between the parties — even if you did not ask them to — can be treated as a violation. Social media interactions, including viewing or reacting to the petitioner’s posts, may constitute contact depending on the terms of the order. Failing to vacate a shared residence within the time specified by the order is another common violation.
Understanding the precise terms of your protective order is essential to avoiding unintentional violations. If you are unsure whether a particular action would constitute a violation, consult with your defense attorney before taking that action. The consequences of a violation are too severe to risk.
Defenses to Protective Order Violation Charges
While protective order violations are serious, there are effective defenses available depending on the circumstances. If the petitioner initiated contact with you, this can be raised as a defense, although it does not automatically protect you from prosecution since the order restricts your conduct, not theirs. Evidence that the contact was accidental and that you immediately withdrew from the situation can support your defense. Challenging the terms of the order itself — for example, arguing that the order was improperly issued or that the specific conduct alleged does not fall within the order’s terms — is another avenue. If the evidence of the alleged violation is weak, based solely on the petitioner’s uncorroborated testimony, or is contradicted by other evidence, the prosecution may not be able to meet its burden of proof.
Violating a protective order in Maryland is a serious criminal offense that can result in arrest, jail time, and additional charges on top of whatever case led to the protective order in the first place. If you are facing allegations that you violated a protective order, understanding the potential consequences and your defense options is critical.
At SoMD Criminal Defense, we have defended clients against protective order violations in Charles County, Calvert County, St. Mary’s County, and Prince George’s County. Here is what you need to know about the penalties for violating a protective order in Maryland.
Penalties for Violating a Protective Order in Maryland
Under Maryland Family Law § 4-509, violating a protective order is a misdemeanor. The penalties depend on whether it is a first or subsequent violation.
| Violation | Max Jail | Max Fine |
|---|---|---|
| First violation | 90 days | $1,000 |
| Second or subsequent violation | 1 year | $2,500 |
Beyond the criminal penalties, a violation can also result in the judge extending or modifying the existing protective order, imposing additional restrictions, and considering the violation when making decisions about related cases including custody, divorce, or other criminal matters.
What Constitutes a Violation of a Protective Order
A protective order typically includes specific prohibitions that the respondent must follow. Common provisions include no contact with the protected person by any means, including phone calls, text messages, email, social media, or through third parties. Staying away from the protected person’s home, workplace, and school. Surrendering firearms and not possessing any during the order period. Vacating a shared residence. Complying with custody and visitation arrangements specified in the order.
Any violation of any provision of the order can result in criminal charges. This includes indirect contact, such as having a friend deliver a message or showing up at a location where you know the protected person will be.
Common Defenses to Protective Order Violations
There are several defenses that may apply depending on the circumstances. You may not have known about the order if you were not properly served. The contact may have been accidental or unavoidable, such as running into the protected person in a public place. The protected person may have initiated contact with you, though this is not always a complete defense. The allegations may be fabricated as part of an ongoing custody or domestic dispute.
As former prosecutors, we have seen how protective order violation cases are built from both sides. We know what evidence the State needs and how to challenge it effectively.
If you have been charged with violating a protective order in Southern Maryland, contact SoMD Criminal Defense at (301) 818-0389 for a free consultation. Every case is different, and we will review the specifics of your situation.
What to Do If You Are Accused of Violating a Protective Order
If you are accused of violating a protective order, do not make contact with the protected person for any reason, even to explain or apologize. Contact a criminal defense attorney immediately. Document any evidence that supports your version of events, and comply fully with all current court orders.
Facing Protective Order Violation Charges in Southern Maryland?
The attorneys at SoMD Criminal Defense have over a decade of experience defending clients in domestic violence and protective order cases across Southern Maryland. Call us today at (301) 818-0389 or contact us online to schedule your free consultation.
This article provides general information about protective order violations in Maryland and is not legal advice. Contact an attorney for advice specific to your situation.
FAQ: Protective Order Violations in Maryland
Can I be arrested immediately for violating a protective order?
Yes. Law enforcement can arrest you without a warrant if they have probable cause to believe you violated a protective order in Maryland. You may be held in custody until you see a commissioner or judge for a bail determination.
What if the protected person contacts me first?
Even if the protected person initiates contact, you can still be charged with violating the protective order by responding. The order restricts your behavior, not theirs. If the protected person contacts you, do not respond and document the contact. Inform your attorney immediately.
Can a protective order violation affect my custody case?
Yes. A protective order violation can significantly impact custody proceedings. The court will consider violations when making decisions about custody and visitation, and a violation demonstrates to the court that you may not comply with court orders, which can weigh heavily against you.
Frequently Asked Questions
Is violating a protective order a felony in Maryland?
Violating a protective order is a misdemeanor in Maryland, punishable by up to 90 days in jail and a $1,000 fine for a first offense. However, subsequent violations carry enhanced penalties, and a violation that involves an assault or other criminal conduct can result in additional felony charges on top of the protective order violation.
Can I be arrested for accidentally running into the petitioner?
Incidental contact in a public place can potentially be charged as a violation, but an accidental encounter is generally defensible if you can show you did not know the petitioner would be present and you left the area promptly upon realizing the situation. Documenting the circumstances — noting the time, place, and what you did when you saw the petitioner — can support your defense. If this is a concern, discuss preventive strategies with your attorney.
What if the protected person contacts me first?
Even if the petitioner initiates contact with you, the protective order restricts your conduct, not theirs. Responding to or engaging in contact initiated by the petitioner can still result in a violation charge against you. If the petitioner contacts you, do not respond. Document the contact and notify your attorney. If you believe the petitioner’s behavior warrants modifying or dismissing the order, your attorney can file the appropriate motion with the court.
