What Is an Interim Protective Order?
Under Family Law Article §4-505, an interim protective order is an emergency order issued by a District Court commissioner or a judge — without notice to the respondent — when a petitioner establishes that there are reasonable grounds to believe that abuse has occurred. It is the first stage of Maryland's three-stage protective order process.
The interim order is issued on an ex parte basis, meaning the respondent is not present and has no opportunity to contest the order before it is issued. It takes effect immediately and remains in effect until a temporary protective order hearing is held — generally the next day the court is open.
Maryland's Three-Stage Protective Order Process
| Stage | Who Decides | Notice to Respondent | Duration |
|---|---|---|---|
| Interim Order | District Court commissioner or judge | No — ex parte | Until temporary order hearing |
| Temporary Order | District Court judge | Served before hearing; respondent may appear | Up to 7 days (30 days if service not made) |
| Final Order | District or Circuit Court judge | Full hearing; both parties appear | Up to 1 year (up to 2 years if prior order issued against same respondent; permanent order available in serious abuse convictions) |
What an Interim Protective Order Can Include
An interim protective order in Maryland may:
- Order the respondent to refrain from abusing, threatening, or harassing the petitioner
- Order the respondent to vacate shared residence
- Award the petitioner temporary use and possession of the shared residence
- Prohibit the respondent from contacting the petitioner at home, work, or elsewhere
- Award temporary custody of minor children
- Order surrender of any firearms in the respondent's possession
When you are served with an interim protective order, a hearing date is set for the temporary order hearing — typically the next court day. You have the right to appear at that hearing and contest the allegations. The temporary order hearing is the first opportunity for the respondent to present their side. Missing it typically results in the temporary order being extended. An attorney retained between service and the hearing date can make a significant difference in how the temporary order stage is handled.
Who Can Petition for a Protective Order in Maryland
Maryland's protective order statute (FL §4-501) limits petitions to persons who have a specific qualifying relationship with the respondent:
- Current or former spouses
- Cohabitants or former cohabitants
- Persons related by blood, marriage, or adoption
- Persons who have a child in common
- Parents, stepparents, stepchildren, and stepsiblings if they lived together at some point for at least 90 days within the past year
- Persons who have had a sexual relationship within one year of the petition