The Core Distinction: Relationship Between the Parties
Maryland law provides two parallel systems for civil protection orders:
- Protective Orders (FL §4-501 et seq.) — Available only to persons who have a specific qualifying relationship with the respondent: current or former spouses, cohabitants, persons with a child in common, persons related by blood or marriage, and persons who have had a sexual relationship within one year. Protective orders are heard in District Court or Circuit Court.
- Peace Orders (CP §3-1501 et seq.) — Available to any person who does not qualify for a protective order — neighbors, coworkers, acquaintances, strangers. The peace order system provides protection where there is no qualifying domestic or intimate relationship. Peace orders are heard in District Court.
If the parties have a qualifying relationship, the petitioner must seek a protective order — not a peace order. If no qualifying relationship exists, a peace order is the appropriate remedy.
What Must Be Proven
Protective Orders vs. Peace Orders — Required Conduct
| Order Type | Required Conduct | Relationship Required |
|---|---|---|
| Protective Order | Abuse: physical harm, sexual abuse, false imprisonment, stalking, harassment, or reasonable fear of serious bodily harm | Yes — qualifying domestic/intimate relationship required |
| Peace Order | Assault, threatened assault, false imprisonment, harassment, stalking, trespass, malicious destruction, misuse of telephone or electronic communications, revenge pornography | No — available regardless of relationship |
Remedies Available
Protective orders offer broader remedies than peace orders — including provisions for custody, visitation, financial support, and shared residence access that are not available in peace orders. Peace orders are more limited:
- Order the respondent to refrain from specified conduct
- Order the respondent to refrain from contacting or attempting to contact the petitioner
- Order the respondent to stay away from the petitioner's residence, place of employment, or school
Peace orders cannot award custody, order the respondent to vacate a shared residence, or require financial support.
Duration
- Protective orders — Up to one year (up to two years if a new order is issued within one year of a prior final order expiring against the same respondent; permanent order available in cases of serious abuse conviction); renewable
- Peace orders — Up to six months; renewable once for up to six additional months
Frequently Asked Questions
Because neighbors do not have a qualifying domestic or intimate relationship, a protective order is not available in that situation. A peace order would be the appropriate remedy if the neighbor has engaged in conduct that qualifies under the peace order statute — including harassment, stalking, threatened assault, or misuse of electronic communications. An attorney can evaluate the specific conduct to determine whether it meets the legal standard required for a peace order and guide you through the petition process.
The peace order itself is a civil proceeding — the order does not result in a criminal conviction. However, violation of a peace order is a criminal offense under Criminal Law Article §3-1508, carrying up to 90 days imprisonment for a first offense. A peace order is a public court record and may appear in background checks. An attorney representing a respondent in a peace order proceeding can work to challenge the factual basis for the order and limit its scope and consequences.
The qualifying relationship categories under the protective order statute are defined by statute and have been interpreted by Maryland courts in specific ways. Whether a particular relationship constitutes a qualifying relationship — particularly categories like "cohabitant" or "person who has had a sexual relationship" — can require legal analysis of the specific facts. An attorney can advise on whether the relationship qualifies for a protective order or whether a peace order is the applicable remedy.