Restraining Orders

You can be eligible for a protective order if you or your minor child has been the victim of abuse by:

• your current or former spouse;¹
• someone with whom you had a sexual relationship and with whom you lived for at least 90 days during the one-year period before you filed for the protective order (a “cohabitant”);²
• someone with whom you had a sexual relationship at some point in the one-year period before the filing of the petition even if you never lived together;
• someone related to you by blood, marriage, or adoption; or
• someone with whom you have a child in common.¹

You can also file against anyone who committed or attempted to commit rape or a sexual offense against you within six months prior to filing the petition. Go to Selected Maryland Statutes, and read sections 3-303 through 3-308 for the definitions of rape and sexual offenses.³

Note: A parent, step-parent, child, or step-child of you or the abuser can file for an order if s/he lived with you or the abuser for at least 90 days during the one-year period before filing for the order.¹

A “vulnerable adult,”¹ which is an adult who lacks the physical or mental capacity to provide for his/her daily needs, can file for an order against any person regardless of their relationship who caused him/her physical injury as the result of cruel treatment or a malicious act.⁴

Any of the following people can file for a protective order for a minor child or vulnerable adult:

• the minor or vulnerable adult himself/herself;
• a person related to the child or vulnerable adult by blood, marriage or adoption;
• an adult who lives with the child or vulnerable adult;
• the state attorney for the county where the child or vulnerable adult lives or where the abuse took place; or
• the Department of Social Services in the county where the child or vulnerable adult lives or where the abuse took place.⁵

Note: If you are not eligible for a protective order, but you have been the victim of abuse and need protection, you may be eligible to file for a peace order.

¹ MD Code, Fam. Law § 4-501(m)
² MD Code, Fam. Law §§ 4-501(m); 4-501(d)
³ MD Code, Fam. Law § 4-501(m)(8)
⁴ MD Code, Fam. Law § 14-101(b), (q)
⁵ MD Code Family Law § 4-501(o)