Protective Orders are civil orders issued by a judge that order one person to refrain from committing certain acts against others. The relationship between the person seeking protection and the person they are seeking protection from determines the type of order filed. Protective orders are generally available to people in domestic relationships.
To qualify for a protective order you must have one of the following relationships with the person you seek protection from:
- Be a current or former spouse of the person
- Be in a sexual relationship and have resided with the person in the home for at least 90 days in the last year
- Be the parent, step-parent, child, or step-child of the person and have resided with the person for 90 days during the past year
- You have a child in common with the person
To receive a protective order you must prove one of the following has occurred:
- An act that caused serious bodily harm
- An act that placed you in fear of imminent bodily harm
- Rape or sexual offense or attempted rape or sexual offense
- False imprisonment
- Criminal stalking
How to apply for a protective order?
- Obtain a petition for a protective order from either the Montgomery County District Court Clerk or you can obtain one at www. mdcourts.gov/courtforms
- File the petition with a Circuit or District Court clerk during normal business hours. You will be directed to a courtroom as soon as a judge is available to hear your case.
- You will have a temporary hearing before a judge where you will be required to answer questions under oath. If the judge finds reasonable grounds to believe you are entitled to a protective order he will grant a temporary order.
- A final hearing is usually scheduled within 7 days after the temporary order is served to allow both parties to present evidence.
Important Phone Numbers:
24-Hour Domestic Violence Help line
Maryland Network Against Domestic Violence
House of Ruth
Additional Protective/Peace Order Information