Maryland Protective & Peace Order Attorney

Maryland Protective Orders and Peace Orders

Protective orders and peace orders are civil court orders that restrict one person's contact with another. Whether you are seeking a protective order for your safety or defending against one that has been filed against you, having an experienced attorney is critical. The consequences of a final protective order can be far-reaching and long-lasting. Adam Sean Cohen handles both sides of these proceedings in Maryland's District and Circuit Courts.

Protective Orders vs. Peace Orders: The Key Distinction

Maryland law provides two separate civil order frameworks, and eligibility to seek each depends on the relationship between the parties:

• Protective Orders (Family Law Article §4-501 et seq.) — Available to individuals who have a qualifying relationship with the respondent: current or former spouses, cohabitants, persons related by blood or marriage, individuals who have a child in common, or individuals who have had a sexual relationship within the past year. Protective orders can be granted by District or Circuit Court.
• Peace Orders (Courts and Judicial Proceedings Article §3-1501 et seq.) — Available to any person who does not qualify for a protective order based on relationship. Peace orders cover neighbors, coworkers, acquaintances, or strangers. They are heard exclusively in District Court.

Types of Protective Orders in Maryland

Maryland's protective order process has three stages:

• Interim Protective Order — Issued ex parte (without the respondent present) by a District Court Commissioner, typically within hours of filing. Effective until the next court date.
• Temporary Protective Order — Issued by a judge at an ex parte hearing, typically within a few days. Effective for up to 7 days (extendable) until the final protective order hearing.
• Final Protective Order — Issued after a hearing at which both parties appear and present evidence. Effective for up to one year, and may be extended for an additional year or made permanent in cases involving abuse of a minor or serious bodily harm.

What a Protective Order Can Require

A final protective order in Maryland can order the respondent to cease abusive conduct, stay away from the petitioner's home, workplace, and school, refrain from contacting the petitioner, vacate a shared residence, surrender firearms, and pay temporary support. Violation of a protective order is a criminal offense (Criminal Law Article §4-509) punishable by up to 90 days incarceration for a first violation.

If You Are the Respondent

Being served with a protective order is serious — even an interim or temporary order. A final protective order becomes part of the public record, can affect your employment (particularly in fields requiring background checks or security clearances), restricts your access to firearms under federal law, and can affect custody and divorce proceedings. Adam Cohen defends respondents at protective order hearings, challenging the sufficiency of the petitioner's evidence and protecting your rights under Maryland law.

If You Are the Petitioner

If you are seeking protection, Adam Cohen can help you navigate the process, prepare your testimony and evidence, and present the strongest possible case for a final protective order. He understands that these hearings can be emotionally difficult and works to make the process as clear and manageable as possible.