What Is the Difference Between a Protective and Peace Order in Maryland?

Protective and peace orders are two types of orders that are designed to prevent someone from harming, harassing, stalking, or contacting another individual. Some states refer to these as “restraining” orders. However, while there are similarities between these orders, there are also important differences. In the blog below, we will look at these key differences and what each order can help with.

The Relationships Involved

One of the most significant differences between a protective order and a peace order is the relationship between the person filing for protection (the Petitioner) and the person accused of wrongdoing (the Respondent). 

In a Protective Order

To obtain a protective order in Maryland, an individual will need to have a domestic relationship with the respondent, which includes the following relationships:

• A cohabitant of the respondent
• A current or former spouse of the respondent
• An individual related to the respondent by marriage, blood, or adoption 
• An adult who is vulnerable 
• A stepparent, parent, stepchild, or child of the respondent or the individual eligible for relief resides or has resided with the respondent or person eligible for relief for at least 90 days within one year before the petition filing
• An individual who has a child in common with the respondent 
• An individual who has had a sexual relationship with the respondent within one year before the petition filing
• An individual who alleges that within six months before the petition filing, the respondent committed a sexual offense or rape or attempted rape or sexual offense

In a Peace Order

On the other hand, a peace order is intended for situations in which the respondent and petitioner are not in a domestic or familial relationship. As a result, those who can pursue a peace order include:

• Any individual who is not eligible for a protective order but is a victim of abuse
• An employer who decides to file a peace order on behalf of an employee based on acts of violence or threats against that employee at the workplace

The Abuse Definition

Another difference between a protective order and a peace order is the definition of abuse.

In a Protective Order

In Maryland, in terms of a protective order, abuse is defined as the following acts:

• An act that results in serious bodily harm
• An action that causes a person eligible for relief to fear imminent serious bodily harm
• Assault
• Attempted rape, rape, or sexual offense 
• Stalking or false imprisonment
• Non-consensual pornography
• Child abuse, if the individual for whom relief is sought is a child
• Abuse of a vulnerable adult if the person for whom relief is sought is a vulnerable adult

In a Peace Order

A petitioner can pursue a peace order by alleging the following acts, as long as they occurred within 30 days before filing:

• An act that results in serious bodily harm
• An act that causes the petitioner to fear imminent serious bodily harm
• Assault
• Attempted rape, rape, or sexual offense
• False imprisonment
• Harassment
• Trespass
• Stalking
• Malicious property destruction
• Criminal misuse of phone equipment and facilities
• Criminal misuse of electronic communication
• Criminal misuse of interactive computer services
• Non-consensual pornography
• Unlawful visual surveillance

Deadlines

There is a difference between peace and protective orders regarding the time limit to file an order after an abusive act occurs. For a peace order, the act must have occurred within the prior 30 days. In contrast, a protective order does not have the same time limit for filing.

Contact Rice Law Today for Further Information

To learn more about the differences between a protective and a peace order in Maryland, contact Rice Law today to review your questions and legal options.