There are three types of protective orders:

Interim protective orders - If you wish to file for a protective order but the court clerk’s office is closed in both the circuit and district courts, you can file for an interim order by going to the nearest district court commissioner. An interim order goes into effect once the respondent is served by a law enforcement officer. The interim order lasts until a judge holds a temporary hearing, which is usually within a couple of days unless the judge postpones it. If the court is closed on the day on which the interim protective order is due to expire, the interim protective order will be effective until the next day on which the court is open, at which time the judge has to hold a temporary protective order hearing.¹

Temporary protective orders - When you go to court during normal court hours to file for a final protective order, you can ask for a temporary protective order, which can be issued the same day. This order can be issued “ex parte” (without the abuser present) and without a full court hearing. If the abuser is not present in court, law enforcement is supposed to serve him/her “immediately” after it is issued. If the abuser was already served with an interim order and is present in court, s/he can be served with the temporary order in court or if s/he doesn’t show up to court, it will be served through the mail. The temporary order is in effect for seven days after service of the order, at which point a full court hearing will be held for a final protective order. If the court is closed on the day on which the temporary protective order is due to expire, the temporary protective order will be effective until the second day on which the court is open, by which time the judge has to hold a final protective order hearing. The judge may extend the temporary order as needed, but not to more than six months.²

Final protective orders - A final protective order can be issued only after both sides have the opportunity to present their evidence and testimony at a full court hearing. If the judge believes that the abuse has occurred, or if the abuser agrees to you getting the protective order, the judge may grant a final protective order.³ A final protective order will generally last up to one year, unless otherwise stated. However, it can last for up to two years, if:

1. you had an order against the abuser before that lasted for at least six months, and s/he abused you again within one year of your old order expiring; or
2. if the abuser consents to the two-year order within one year after the date that your prior final protective order issued against him/her expired.⁴

Final orders may also be extended and it may be possible in the future to request a permanent protective order that lasts forever if certain circumstances are met.⁵ See How do I change or extend my protective order? for more information.

¹ MD Code, Fam. Law § 4-504.1(a), (b), (e)(1), (h)
² MD Code, Fam. Law § 4-505(a)(1), (b), (c)
³ MD Code, Fam. Law § 4-506(c)(1)(ii)
⁴ MD Code, Fam. Law § 4-506(j)(1), (j)(2)
⁵ MD Code, Fam. Law §§ 4-507(a); 4-506(k)(1), (k)(3)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

An interim protective order can do the following:

• order the abuser to not abuse or threaten to abuse you or anyone else listed in the order;
• order the abuser to not contact, try to contact, or harass you or anyone else listed in the order;
• order the abuser to not enter your home;
• order the abuser to stay away from you and/or your child’s work place, school, temporary residence, or other family members’ homes;
• order the abuser to move out of a shared home and give you temporary use and possession of the home – if the victim is an abused child or vulnerable adult, the temporary use and possession of the home can be given to an adult living in the home. Note: This temporary use/possession of the home can only be granted to a non-spouse if his/her name is on the lease/deed or if s/he shared the home with the abuser for at least 90 days during the one-year period before the protective order was filed;
• give you temporary possession of any pet owned by you or the respondent; and
• give you temporary custody of any children you have with the abuser.¹

In addition, if the other parent has the child, the judge can order that the child be returned to you and can order law enforcement to use reasonable and necessary force to return the child to you.²

Note: Even without a protective order, if you have been the victim of abuse and you believe that you are in danger of immediate harm, you can request the help of local law enforcement to accompany you to the “family home” to remove the following items regardless of who paid for the items:

• the personal clothing of you and of any child in your care; and
• the personal belongings, including medicine or medical devices, of you and of any child in your care.³

¹ MD Code Ann., Fam. Law § 4-504.1(c)
² MD Code Ann., Fam. Law § 4-504.1(d)
³ MD Code Ann., Fam. Law § 4-502(a)(2)

A final protective order can do the following:

• order the abuser to not abuse or threaten to abuse you or anyone else listed in the order;
• order the abuser to not contact, try to contact, or harass you or anyone else listed in the order;
• order the abuser to not enter your home;
• order the abuser to stay away from you and/or your child’s work place, school, temporary residence (such as a shelter), or other family members’ homes;
• order the abuser to stay away from your child’s child-care provider while the child is there;
• order the abuser to move out of a shared home and give you temporary use and possession of the home – if the victim is an abused child or vulnerable adult, the temporary use and possession of the home can be given to an adult living in the home. Note: This temporary use/possession of the home can only be granted to a non-spouse if his/her name is on the lease/deed or if s/he shared the home with the abuser for at least 90 days during the one-year period before the protective order was filed. (See Can a DVPO make the abuser move out? for more information);
• give you temporary possession of any pet owned by you or the respondent;
• give you temporary custody of any children you have with the abuser;
• set up temporary visitation with children you and the abuser have together while keeping the safety of you and the child in mind – therefore, visits can be supervised or denied if the judge believes that is necessary to keep you and/or the child safe;
• order the abuser to pay you emergency family maintenance, such as child support or spousal support, and garnish the abuser’s wages if necessary;
• give you temporary use and possession of a vehicle jointly owned by you and the respondent if it’s necessary for your job or for caring for a child you and the respondent have;
• order you and/or the abuser to go to counseling or a domestic violence program;
• order the abuser to pay the filling fees and costs of your court case; and
• order any other relief that the judge believes is necessary to protect you.¹

Note: Even without a protective order, if you have been the victim of abuse and you believe that you are in danger of immediate harm, you can request the help of local law enforcement to accompany you to the “family home” to remove the following items regardless of who paid for the items:

• the personal clothing of you and of any child in your care; and
• the personal belongings, including medicine or medical devices, of you and of any child in your care.²

¹ MD Code Ann., Fam. Law § 4-506(d)
² MD Code Ann., Fam. Law § 4-502(a)(2)

In Maryland, you may apply for a protective order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible for a protective order? Who can file the petition? You must also be the victim of an act of domestic abuse, which is explained here: What is the legal definition of domestic abuse in Maryland?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

There is no fee to file for or serve a protective order.¹

You do not need a lawyer to file for a protective order, but it may be helpful to have one represent you. This is especially important if the abuser has a lawyer and/or if the case goes to trial.  Even if the abuser does not have a lawyer, we suggest that you talk to a lawyer to make sure your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence organizations on the MD Places that Help page. In addition, the domestic violence organizations in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms. You will find contact information for courthouses on the MD Courthouse Locations page.

¹ MD Code Ann., Fam. Law § 4-504(c)

You can get a “petition for protection,” as it is called, from the court clerk at any circuit or district court, or from a district court commissioner in your city/county during regular court hours. District court commissioners are available anytime if the courts are closed. If you want a temporary order, you may want to express this to the clerk when you get the forms. Alternatively, you can file for a temporary protective order electronically from any of the following locations:

• a domestic violence prevention or assistance program;
• a sexual assault prevention or assistance program;
• a human trafficking prevention or assistance program;
• a child advocacy center;
• a vulnerable adult program;
• a hospital where you are currently receiving medical treatment; or
• another location approved by the court.¹

To find the courthouse closest to you, go to the MD Courthouse Locations page.  To find a district court commissioner in your area you can visit the District Court of Maryland Commissioner Directory.
   
You can ask the court clerk to provide you with a “notification request form” to fill out if you would like to be notified once the temporary and final orders are served on the abuser.² By law, the clerk is supposed to provide this form to you.³ If you complete this form, law enforcement would notify the Department of Public Safety and Correctional Services within two hours of serving the abuser and the Department has one hour to notify you of the service.⁴

¹ MD Code Ann., Fam. Law §§ 4-504(d)(1); 4-505.1(b)
² MD Code Ann., Fam. Law §§ 4-504(d)(1)
³ MD Code Ann., Fam. Law § 4-504(d)(3)
⁴ MD Code Ann., Fam. Law, §§ 4-504.1(g)(3); 4-505(b)(1)(ii)

When you are done filling out the forms, the clerk will take your completed file to a judge for your ex parte hearing. This is a preliminary hearing that can grant you a petition for protection (a temporary protective order). At this hearing, the judge will read your petition for protection and may ask you why you want a final protective order and some additional questions.

If the judge grants a temporary protective order, the court clerk will give you a copy of the order. Review the order before you leave the courthouse to make sure that the information is correct. If something is wrong or missing, you may be able to ask the clerk to correct the order before you leave. The temporary order is good until you have your scheduled hearing for a final protective order. The judge will also set a date for your final hearing, which is usually within 7 days.¹

¹ MD Code, Fam. Law § 4-506(b)(1)(ii)

The judge will set a final hearing date usually within seven days of when you filed your petition.¹ You must go to the hearing if you want to keep your protective order. If you do not go to the hearing, your temporary protective order will expire and you will have to start the process over again.

If the abuser has received notice of the hearing, but does not show up, the judge may continue with the hearing anyway.² The temporary order will usually only last until the hearing, but it may be extended in some situations. For example, if the abuser has not received notice of the hearing and does not show up, the judge may order a new hearing date and extend your temporary restraining order for a period of up to six months to allow for service.³

Note: A case can be continued if there is “good cause” to do so.¹ If the court does issue a continuance, the judge should also reissue or extend your temporary order since your original one will probably expire before the rescheduled hearing.

Generally, it is a good idea to have a lawyer represent you, especially if you think the abuser will have one. Go to our MD Finding a Lawyer page for legal referrals. If you are going to be representing yourself, see the At the Hearing page for tips.

¹ MD Code Ann., Fam. Law § 4-506(b)(1)(ii)
² MD Code Ann., Fam. Law § 4-506(c)(1)
³ MD Code Ann., Fam. Law § 4-505(c)(2)

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession.  There are a few places where you can find this information:

• first, read the questions on this page to see if judges in Maryland have to power to remove guns as part of a temporary or final order;
• second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
• third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Domestic Violence and Firearms Resource Center’s website. 

If you are not granted protective order, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice. They can help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Safety Planning page. To find a shelter or an advocate at a local program, please visit our MD Advocates and Shelters page.

Even without a protective order, if you have been the victim of abuse and you believe that you are in danger of immediate harm, you can request the help of local law enforcement to accompany you to the “family home” to remove the following items regardless of who paid for the items:

• the personal clothing of you and of any child in your care; and
• the personal belongings, including medicine or medical devices, of you and of any child in your care.¹

If you were not granted protective order because your relationship with the abuser does not qualify, you may be able to seek protection through a peace order. You may also be able to reapply for a protective order if a new incident of domestic abuse occurs after you are denied the order.

If you believe the judge made an error of law, you can talk to someone at a domestic violence organization or a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer. See our Filing an Appeal page for general info on appeals.

¹ MD Code Ann., Fam. Law § 4-502(a)(2)

Extending your order
You may apply to the court to have your order extended and the judge could grant this after the abuser is given notice and after a hearing in front of a judge. The hearing must take place within 30 days after you file the motion. If the hearing is not held before the original expiration date of the final protective order, the order will be automatically extended until the hearing.¹ A judge can extend the protective order without any new incidents of abuse for six months beyond the time it is supposed to end if you can show “good cause” why it should be extended.² The order can be extended for up to two years if you can prove that during the term of your protective order, the abuser committed a new act of abuse against you or if the abuser consents to the extension.³ To determine how long this extension based on new abuse should be, the judge will consider the following factors:

• what the new abusive act was and how severe it was;
• the history and severity of abuse in the relationship between the abuser and you or anyone named in your order;
• the type of any pending criminal charges against the respondent; and
• the nature and seriousness of any injury or risk of injury caused by the respondent.³

Lastly, you can petition for a new permanent protective order with no end date if:

• you had an interim, temporary, or final protective order against the abuser; and
• s/he was convicted and sentenced to serve at least five years in prison and actually served at least 12 months of that sentence for:
  • the abuse against you that was the basis for getting that prior interim, temporary, or final protective order; or
  • committing a new act of abuse against you while you had that prior interim, temporary, or final protective order.⁴

Changing your order
You can file to change or withdraw your order. The judge could grant this after the abuser is given notice and after a hearing in front of a judge.⁵

¹ MD Code, Fam. Law § 4-507(a)(2), (a)(4)
² MD Code, Fam. Law § 4-507(a)(2)
³ MD Code, Fam. Law § 4-507(a)(3)
⁴ MD Code, Fam. Law § 4-506(k)(1), (k)(3)
⁵ MD Code, Fam. Law § 4-507(a)(1)

Either party can file a written request to shield from public view all court records related to a protective order proceeding if:

• a petition for a protective order was denied or dismissed at the interim, temporary, or final protective order stage; or
• the respondent agreed (consented) to a protective order being issued. In this case, the request must be filed after the protective order expires.¹

Note: If the request to shield is filed within the first three years after the denial or dismissal of the petition or the consent to the entry of the protective order, the person who makes this request would need to also sign a “general waiver and release” that removes any possibility that the person can file a civil lawsuit related to the protective order proceeding.²

After the request to shield is filed, the judge would hold a hearing where both parties have the opportunity to appear in court. The judge can order that the records be shielded if:

• there was no prior final protective order or peace order issued against the respondent in a proceeding between the petitioner and the respondent;
• the respondent has not been found guilty of a crime arising from abuse against the petitioner;
• none of the following are pending at the time of the hearing to shield the order:
  • an interim or temporary protective order or peace order against the respondent in a proceeding between the petitioner and the respondent; or
  • a criminal charge against the respondent arising from alleged abuse against the petitioner;³ and
• in the case where the request is filed after the respondent agreed (consented) to the protective order, the respondent must not have violated the protective order.⁴

However, even if all of these above factors are true, the judge can still deny the request to shield if the judge believes there is “good cause” to do so. In making this decision, the judge will balance the privacy concerns of either or both parties and the potential danger or risk of future harm to the victim or the community at large.⁵

¹ MD Code, Family Law, § 4-512(b), (e)(1)(i)
² MD Code, Family Law, § 4-512(c)
³ MD Code, Family Law, § 4-512(d)(3)
⁴ MD Code, Family Law, § 4-512(e)(1)(i)
⁵ MD Code, Family Law, § 4-512(d)(4)

You can file for a peace order if one or more of the following acts has happened within 30 days before you file for the order:

• an act that causes serious bodily harm;
• an act that places you in fear of immediate serious bodily harm;
• assault in any degree;
• false imprisonment;
• harassment;
• stalking, which includes the use of a tracking device or electronic communication as defined by law;
• trespass;
• malicious destruction of property
• misuse of telephone facilities and equipment;
• misuse of electronic communication or interactive computer service;
• revenge porn;
• visual surveillance;
• visual surveillance with prurient intent; or
• camera surveillance.¹

An employer can file for a peace order if any of the above acts happened to their employee at the employee’s workplace. However, the employer has to notify the employee before filing the petition. The employer cannot retaliate against an employee who doesn’t want to provide information or testify in court.²

Note: You can file in Maryland if one of the above acts happened in Maryland or if you or your employee live in Maryland but the act(s) happened in another state.³

¹ MD Code Ann., Cts. & Jud. Proc. § 3-1503(a)(1)
² MD Code Ann., Cts. & Jud. Proc. § 3-1503(a)(1), (e)(1), (e)(3)
³ MD Code Ann., Cts. & Jud. Proc. § 3-1503(a)(2)

Interim, temporary and final peace orders can order the respondent to:

• stop committing or threatening to commit an act of abuse against you;
• stop contacting, attempting to contact, or harassing you; and
• stay away from your home, place of employment, school, or temporary residence.¹

Additionally, only a final peace order can order:

• you or the respondent to participate in professionally supervised counseling ;
• you and the respondent to go to mediation if you both agree to it; and
• you or the respondent to pay the filing fees and costs of the proceeding.²

¹ MD Code Ann., Cts. & Jud. Proc. §§ 3-1503.1(c)(2); 3-1504(a)(2); 3-1505(d)(1)
² MD Code Ann., Cts. & Jud. Proc. § 3-1505(d)(1)

You can file for a peace order against a minor, but you will go through a different process. To file against a minor respondent, you first go to the Department of Juvenile Services, which is usually an office in the courthouse. You may need to ask the court clerk where the Department of Juvenile Services is located within the court.

You will use the same peace order forms. The Department of Juvenile Services will review your petition before a case can be started against a minor. If your petition is accepted, then the case will proceed regularly, but it will not be available in public records.¹

¹ MD Code Ann., Cts. & Jud. Proc. § 3-8A-10(c), (d)

It may be possible to change (modify) or cancel (rescind) a peace order before the order expires by filing in court, giving notice to the person who obtained the order and the abuser, and after holding a hearing.¹ If the hearing is not held before the original expiration date of the final protective order, the order will be automatically extended until the hearing.²

In addition, peace orders can be extended for “good cause.” A judge can extend the term of the peace order for six months after holding a hearing where both the petitioner and respondent have the right to be present. The judge is supposed to hold a hearing on your motion to extend the order within 30 days after the motion is filed. If the order is set to expire within those 30 days, the judge must extend it until the hearing.¹

¹ MD Code Ann., Cts. & Jud. Proc. § 3-1506(a)
² MD Code Ann., Cts. & Jud. Proc. § 3-1506(a)(3)(ii)

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

The person filing for an extreme risk protective order is known as the petitioner. The person who the order is filed against is called the respondent.

You can file for an extreme risk protective order if the respondent shows an immediate and present danger of causing personal injury to him/herself, you, or others by having firearms, and you are:

1. the respondent’s:
   • spouse;
   • “cohabitant;”
   • relative by blood, marriage, or adoption;
   • co-parent;
   • current dating or intimate partner;
   • current or former legal guardian; or
2. any of the following professionals:

• a law enforcement officer; or
• a medical professional who has examined the respondent, which includes a physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage or family therapist, or health officer or designee of a health officer who has examined the individual.¹

Note: The law generally defines a cohabitant as a person who is in a relationship and living with the respondent but is not married to the respondent.²

¹ MD Code, Public Safety § 5-601(e)
² See Ricketts v. Ricketts, 903 A.2d 857 (MD 2006)

In an interim, temporary, or final extreme risk protective order, the District Court commissioner or judge can order that the respondent:

• give up all firearms and ammunition to law enforcement; and
• not purchase or possess firearms or ammunition.¹

In a temporary or final extreme risk protective order, the judge can also refer the respondent for an emergency evaluation if the judge suspects that the respondent may be suffering from a mental disorder.² In an interim extreme risk protective order, the commissioner can refer the respondent to law enforcement so that they can decide if the respondent should be taken for an emergency evaluation. The commissioner can make this referral to law enforcement if s/he has probable cause to believe the respondent meets the requirements for an emergency evaluation.³

¹ MD Code, Public Safety § 5-603(a)(3)
² MD Code, Public Safety §§ 5-604(a)(4); 5-605(c)(4)
³ MD Code, Public Safety § 5-603(a)(4)

The judge may grant an interim, temporary, or final extreme risk protective if the respondent shows an immediate and present danger of causing personal injury to him/herself, you, or others by having firearms. When deciding whether the respondent is a risk of immediate and present danger, the judge will consider factors such as:

• alarming behavior and statements;
• unlawful firearm possession;
• reckless or negligent firearm use;
• violence or threats of violence to him/herself or others;
• violating peace or protective orders;
• drug and/or alcohol abuse; and/or
• information contained in health records.¹

¹ MD Code, Public Safety § 5-602(a)(1); Maryland Courts website, “Extreme Risk Protective Orders”

Violating an extreme risk protective order is a misdemeanor. For the first offense, the judge could sentence the respondent to:

• pay a fine of up to $1,000;
• go to jail for up to 90 days; or
• both.

For any additional offense of violating an extreme risk protective order, the judge could sentence the respondent to:

• pay a fine of up to $2,500;
• go to jail for up to one year; or
• both.

¹ MD Code, Public Safety § 5-610(a)(1)
² MD Code, Public Safety § 5-610(a)(2)

A protective order is good anywhere in the United States as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a) & (b)

In some states, you will need a certified copy of your order, which you may want to keep with you at all times. A certified copy shows that it is a true and correct copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp or seal on it. 

If the copy you originally received is not a certified copy, you can go to the court that gave you the order and ask the clerk’s office for a certified copy. There may be a fee to get a certified (true test) copy of your protective order, but you can ask the clerk to be sure.

Note: It is generally a good idea to keep a copy of the order with you at all times. You may also want to leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. You may want to give a copy to the security guard or person at the front desk where you live or work along with a photo of the abuser. You may also want to give a copy of the order to anyone who is named in and protected by the order.

You are not required to tell the court in Maryland if you move - however, if your order contains a visitation or custody provision, remember that you may need the judge’s permission to move out of state.  For advice on whether you need to return to court to get this permission before moving, you may want to talk to a lawyer in Maryland before leaving the state.  Go to our MD Finding a Lawyer page for legal referrals.  In addition, some people choose to give the court a current address so that they can be notified of any legal actions that may be filed regarding the protective order.  If you do notify the court, be sure to clarify with the clerk that your new address must be kept confidential if that is the case.

It might depend on the terms of the custody provision in your protective order, whether or not the abuser was granted visitation/custody rights, etc.  You may have to first seek the permission of the court before leaving.  For legal advice on your particular situation, go to our MD Finding a Lawyer page.  To read more about custody laws in Maryland, go to our MD Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. 

Your protective order can be enforced in Maryland as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a) & (b)

You will have to contact the court that issued your order to find out why your order has changed or is no longer valid.  The police in Maryland cannot enforce an order that has expired or has been canceled in the issuing state.

If this does happen, you may want to contact a lawyer or domestic violence organization in your area.  They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in Maryland.  You will find information on legal assistance and domestic violence organizations in Maryland on the MD Places that Help page.

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database that contains protective orders, that is used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials. All law enforcement officials have access to it, but the information is encrypted so outsiders cannot access it.¹

¹ See the FBI website

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.¹  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Planning page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan.  You will find contact information for organizations in your area on our MD Advocates and Shelters page.

¹ 18 USC § 2265(d)