- POARP -
Protective Order Advocacy & Representation Project

POARP represents victims of domestic violence at protection order hearings in Baltimore and Carroll Counties. The attorneys represent people who have been abused by an intimate partner (current or past partners, current or ex-spouse) in proceedings to obtain protection orders, enforce protection orders through contempt, and modify existing protection orders. Services are free of charge. 

Protective orders can be a practical step in securing your safety. With an attorney's help, you will be able to present a stronger case to get protection and other court orders. If granted, the protective order can last for up to one year and can:

  • Order abuser to leave the house

  • Order abuser not to harm or threaten you

  • Order abuser to stay away from you

  • Order abuser to attend counseling

  • Decide custody and visitation for minor children

  • Order abuser to turn in firearms

  • Order abuser to provide financial support

POARP will help you understand the Protective Order process and help you complete forms to file the petition. They will go to court with you to represent you in front of the judge. To ask for a lawyer to represent you or to get more information about the protective order process, contact the POARP office in the county where you are going to court. 

- Skilled -
Attorneys

POARP attorneys are well-versed and highly skilled professionals with the legal knowledge to support victims in filing and attaining protective orders. While we can never guarantee the outcome of any case or petition, we can guarantee that you will be represented by an attorney who will advocate for your rights and help you navigate the tricky landscape that is Family Law.

- Passionate-
Advocates

POARP Advocates are some of the most experienced and honed professionals working in Maryland's Domestic Violence Intervention field. With years of experience and knowledge surrounding safety planning, local resources, and the legal process of Protective Orders, our advocates take a personal approach to understanding your experience and helping you know the options available to you.

- Holistic-
Wrap-around Services

Whether you're a foreign-born immigrant residing in Maryland experiencing abuse or a long-time resident trying to figure out divorce and custody, WLC services encompass a holistic lens and collaboratively work to ensure each client can receive the support needed. From the  Collateral Assistance for Survivors (CLAS) Project to the Multi-Ethnic Domestic Violence (MEDOVI) Project, victims are empowered to reach support and make choices that are best for their families.

What is a Protective Order?

Peace and Protective Orders are civil orders issued by a judge that order one person to refrain from committing certain acts against others. The relationship between the respondent (person alleged to have committed the prohibited act) and the petitioner (person seeking protection) determines the petition to be filed. Protective orders generally apply to people in romantic or intimate relationships. Peace Orders apply to all other persons. Call a POARP advocate to discuss your situation and what petition you should file. 

Getting a Peace or Protective Order

Also known as a "restraining order" or "ex parte" in Maryland, peace or protective orders require you, the victim (petitioner), to have experienced "abuse" as defined by Maryland Law. This includes: 

  • An act that caused you physical harm
  • An act that placed you in fear of severe bodily harm
  • Assault in any degree
  • Completed or attempted rape or sexual assault
  • Stalking
  • False imprisonment (keeping you against your will)
  • Mental injury to a minor child
  • Revenge Porn

Eligibility and How to File

This information is also available on the People's Law Library of Maryland's website.

There is a two or three-step process that you must follow to obtain a domestic violence Protective Order against an abusive partner. As you begin this process, consider the following, if applicable:

  • Take pictures of any visible brusies or injuries
  • Get copies of any police reports
  • Determine whether anyone say the abuse and consider asking that person to testify on your behalf
  • If you have not already done so, consider speaking with police about the possibility of criminal charges
  • If you are seeking financial relief (also known as Emergency Family Maintenance), get copies of your most recent pay stubs, living expenses (mortgage, lease, utilities, car insurance, car payment, daycare, etc.), and any income (pay stubs) or bank information you may have regarding the abusive partner. 

Protective Order Eligibility

You are eligible to file for a Protective Order if you are being "abused" (Maryland definition above) by the following parties: 

  • A current or former spouse
  • Someone with whom you have a child
  • Someone you have lived with as a sexual partner for at least 90 days out of the past year ("cohabitant")
  • A parent, stepparent, child, or stepchild you have lived with for at least 90 days within the past year
  • Any person to whom you are related by blood, marriage, or adoption
  • An individual who has had a sexual relationship with the abuser within one year before the filing of the petition
  • A vulnerable adult
  • A person who has a child in common with the respondent

There is no time limitation to file a petition for a  Protective Order. The abusive act can have occurred at any time in the past. It is highly recommended to file as soon as possible. 

Peace Order Eligibility

You are eligible to file for a Peace Order if you have experienced the following: 

  • Harassment
  • Trespassing
  • Malicious destruction of property

You are eligible to file for a Peace Oder if you are being "abused" (per MD definition of abuse above) by:

  • Someone who does not fit the criteria for a Protective Order
  • Someone you dated or are dating but with whom you do not have a sexual relationship 

Under a peace order, the abusive act must have occurred within the last 30 days.

Filing a Protective Order

When Courts are closed, you can file a Petition for Protection from Domestic Violence with the District Court Commissioner's office. Commissioner's offices are open and available 24 hours a day, seven (7) days a week. Check your county's Commissioner's location and contact information.

  1. Fill out the Petition form at the office of the District Court Commissioner in your county. On the Petition form, list why you seek a protective order. It's important to list every example of physical abuse and threats, history of abuse, all pending or previous court actions between the parties, and the relief you are seeking. You can use additional paper to attach to the Petition. If the abusive partner is responsible for providing you or a person eligible for relief financial support, you must request Emergency Family Maintenance on the Petition (you will need to support this request by submitting financial documentation at the time of the Final Protective Order hearing). *If you are worried about the abusive person learning your whereabouts, your address does not need to be disclosed on the Petition- you can provide an alternate address or ask that your address be kept confidential. 
  2. You will see a Commissioner. After submitting the Petition, you will appear before a Commissioner to explain your reasons for seeking relief. As the person seeking relief, you hold the burden of proof by "reasonable ground." This means you must disclose any evidence of abuse you have, including pictures, police reports, medical records, witnesses, etc. 
  3. What relief may the Commissioner order? Depending on your specific circumstances, the Commissioner may order relief of any (or all) of the following:
    1. Order the abuser to stop abusing or threatening you
    2. Order the abuser to stay away from you and not try to contact or harass you at your home, school, job, the place where you may be staying, from your children's school(s), and your family members' homes
    3. Order the abuser to stay out of your home
    4. If you and the abuser are married and were living together at the time of the abuse:
      1. order the abuser to leave the home where the two of you live, and
      2. award temporary custody of any children that you have with the abuser
    5. If you are NOT married to the abuser but were living together at the time of abuse AND your name is on the lease or deed for the home, the court can order the abuser to leave the home
    6. If you are not married to the abuser and you lived with the abuser for at least ninety (90) days within the past year, the court can order the abuser to leave the home
    7. Award temporary possession of any pet of the Petitioner or abuser
    8. any other relief that a Commissioner determines to be necessary to protect you from abuse 
  4. Contents and notice requirements of an Interim Protective Order. the Commissioner will forward the Interim Protective Order to law enforcement and the District Court. A law enforcement officer will then immediately service the person you allege as the abuser with a copy of the Interim Protective Order, which will state:
    1. the day, time, and location of another hearing for a Temporary Protective Order; and
    2. The tentative day, time, and location of a final hearing for a Final Protective Order. 
  5. How long will the Interim Protective Order remain in effect? The Interim Protective Order expires at the end of the second business day after issuance or at the Temporary Protective Order hearing, whichever happens first. If the court is closed on the day the order is due to expire; it remains in effect until the District or Circuit Court holds a Temporary Protective Order Hearing. 
  6. Temporary Protective Order Hearing. You must attend a Temporary Protective Order hearing to extend the length and scope of protection contained in the Interim Protective Order. If the other side has not received a copy (i.e., been served), the Court will issue a Temporary Protective Order and serve the abuser with notice of the final hearing. 
  1. Go to the District or Circuit Court in your county. Regular business hours for the Court are Monday through Friday, 8:30 AM to 4:30 PM. When you arrive at court, tell the Clerk of the Court that you want to file a Petition for Protection from Domestic Violence. The abusive partner does not have to go to court with you. Note: You do not need to see the Clerk if you have an Interim Protective Order. Instead, sit in the assigned courtroom and wait for your case to be called because you already have a scheduled hearing. Skip down to "4: "You will see a Judge"
  2. The Clerk will give you a Petition to complete. On this form, list the reasons why you are seeking a Protective Order. It's essential to list every example of physical abuse and threats, history of abuse, all pending or previous court actions between the parties, and the relief you are seeking. You can use additional paper to attach to the Petition. If the abusive partner is responsible for providing you or a person eligible for relief financial support, you must request Emergency Family Maintenance on the Petition (you will need to support this request by submitting financial documentation at the time of the Final Protective Order hearing). *If you are worried about the abusive person learning your whereabouts, your address does not need to be disclosed on the Petition- you can provide an alternate address or ask that your address be kept confidential. 
  3. In which court (District or Circuit) should I file the petition? On the Petition, there will be a question asking whether there are any previous or pending court cases between yourself, the person you want protection for, and the abuser. This includes paternity, child support, divorce, custody, domestic violence, juvenile matters, or criminal cases. If you reply yes, your case may be heard before a Circuit Court Judge or Family Magistrate. In some circumstances, the District Court will, on its initiative, transfer the case to the Circuit Court for further handling. Note: when deciding whether to file in the Circuit Court or District Court, you may want to consider that you are guaranteed the right to appeal from the District Court to the Circuit Court if you start in the District Court and are unsuccessful for any reason. This would be a de novo appeal, meaning there would be a new trial in the Circuit Court at which new evidence may be represented and new determinations are made. If you start in the Circuit Court and are unsuccessful, it is much more difficult to appeal. 
  4. You will see a Judge. Whether you received an Interim Protective Order or are submitting a Petition for the first time, you will appear before a Judge to explain your reasons for seeking relief. As the person seeking relief, you hold the burden of proof by "reasonable grounds." As such, you must disclose any evidence of abuse you may have, including pictures, police reports, medical records, witnesses, etc. Note: If you have filed an Interim Protective Order, the Commissioner's decision to grant or deny any relief is not binding on the Judge who will hear your case for a Temporary Protective Order.
  5. What relief may the Judge order? Depending on your specific circumstances, the Judge may order any (or all) of the following:
    1. Order the abuser to stop abusing or threatening you
    2. Order the abuser to stay away from you and not try to contact or harass you at your home, school, job, the place where you may be staying, from your children's school(s), and your family members' homes
    3. Order the abuser to stay out of your home
    4. If you and the abuser are married and were living together at the time of the abuse:
      1. order the abuser to leave the home where the two of you live, and
      2. award temporary custody of any children that you have with the abuser
    5. If you are NOT married to the abuser but were living together at the time of abuse AND your name is on the lease or deed for the home, the court can order the abuser to leave the home
    6. If you are not married to the abuser and you lived with the abuser for at least ninety (90) days within the past year, the court can order the abuser to leave the home
    7. Award temporary possession of any pet of the Petitioner or abuser
    8. any other relief that a Commissioner determines to be necessary to protect you from abuse 
  6. What happens if the abuser appears in Court for the Temporary Protective Order hearing after having been served with an Interim Protective Order? The court may proceed with a Final Protective Order hearing provided the Court has personal jurisdiction over the abuser and the parties expressly consent to waive the Temporary Protective Order hearing. See Step #3: Final Protective Order: Obtaining long-term protection
  7. Contents and notice requirements of a Temporary Protective Order. The Court will immediately forward the Temporary Protective Order to law enforcement to locate and serve the person you allege as the abuser with a copy of the order. The Temporary Protective Order will state the day, time, and location of the final hearing for a Final Protective Order.
  8. How long will the Temporary Protective Order remain in effect? The Temporary Protective Order remains in effect for not more than seven (7) days after law enforcement has given the abuser a copy of the order. If the Court is closed on the day the order is due to expire; the order remains in effect until the court holds a Final Protective Order hearing. The Judge may extend the order, as needed, up to 6 months to serve the abuser with the order or for good cause. 
  9. Final Protective Order hearing. You must attend a Final Protective Order hearing to extend the length and scope of protection contained in the Temporary Protective Order. The Judge will schedule another hearing that will be held in one (1) week. 
  1. Final Protective Order hearing. At the Final Protective Order hearing, if the abuser has been served with a copy of the Temporary Protective Order and fails to appear for the hearing, you should ask the Judge to enter an order of protection against the abuser- this is called a Default Order. If your abuser is present at the hearing, they may or may not be represented by a lawyer. When the case is called, both you and your abuser will have a chance to tell the Judge what happened that led you to file for the Petition. This is a formal hearing and the rules of evidence apply. As the person seeking relief, you hold the burden of proof by "preponderance of the evidence" to show more likely than not that the abuse occurred and that you are eligible for relief. Please note that the Judge who hears the case may not be the same Judge who presided over the Temporary Protective Order hearing, so you must repeat all the reasons you seek relief, including submitting any documentation of abuse and calling witnesses on your behalf. If you are afraid of the abuser, have safety concerns for yourself or your children, or if the abuser has attempted to contact you within the past week (under the protection of the Temporary Protective Order), you must let the Judge know. It is also essential to present documentation and discuss reasons why you may need financial assistance during the pendency of the Final Protective Order. Be aware that the abuser or the lawyer will ask you questions in cross-examination and will have an opportunity to disprove your case. Do not be surprised or upset if the abuser lies about what happened. After the hearing, the Judge will decide whether or not the abuse occurred. 
  2. What the Judge can order. If the Judge finds that the abuse did occur, the Judge may order one (or all) of the following for up to one (1) year. You and the abuser will each receive a copy of the Protective Order at the time of the hearing. If the abuser fails to appear, the Court will mail them a copy of the Protective Order via first-class mail. Keep a copy of the Order with you at all times. 
    1. Order the abuser to stop abusing or threatening to abuse you
    2. Order the abuser to stay away from you and not try to contact or harass you
    3. Order the abuser to stay out of your home
    4. If you are married to the abuser AND you were living together at the time of the abuse, the Court can order the abuser to leave the home where the two of you live
    5. If you are not married to the abuser but were living together at the time of the abuse, AND your name is on the lease or deed for the home, OR you lived with the abuser for at least ninety (90) days within the past year, the Court can order the abuser to leave the home
    6. Order the abuser to stay away from your job, school, where you are staying, your children's school(s), and your family members' homes
    7. Order that you be given temporary custody of any children that you have with the abuser (including the use of reasonable and necessary force to return the minor child to the custodial parent) and, depending on safety conditions, the Judge may condition or restrict visitation
    8. Order that you be given temporary custody of any pets you own with the abuser
    9. If you are married, order the abuser to pay money to help support you during the order
    10. If you have children with the abuser, order the abuser to pay child support 
    11. If you own a car with the abuser, the Court may order that you have sole use of the vehicle for the period of the order (you must tell the Judge that the vehicle is necessary to get to work or transport a child)
    12. Order the abuser or you to participate in a counseling program (domestic violence and/or drug/alcohol)
    13. Order the abuser to surrender firearms
    14. Order the abuser to stay away from a childcare location
    15. any other relief that a Judge determines to be necessary to protect you from abuse. 
  3. Mutual orders of protection. The Judge may issue a mutual Final Protective Order provided the Judge makes a detailed finding of fact that:
    1. Both parties acted primarily as aggressors AND
    2. Neither party acted primarily in self-defense 

Safety Planning

Most respondents react in one of two ways when served with an Interim or Temporary Protective Order. They either become very mean or very nice. Here are some tips to keep in mind when making your plans. Remember, you are the expert in your story and experiences. Not every suggestion will be applicable, and there are advocates available who will happily serve as thought partners as you decide what's best for your situation and navigate the Protective Order process. 

For more information on Safety Planning or to make a plan with an advocate, contact POARP or your local Domestic Violence resources to speak with an advocate. 

Before the Temporary Hearing

Contacting Police for Safety:

  • If you encounter the Respondent unexpectedly, call 911 immediately
  • If the Respondent calls and you do not have caller ID, hang up and press *57 before you dial 911 (or make any other calls). This will trace the call.
  • If arrangements need to be made for the respondent to collect personal belongings, advise them to contact the police

Retrieving Essential Items:

  • If you've left the residence but require belongings, call the police for assistance in retrieving necessary items. 

Contacting the police can feel like a big step; it is! Also, choosing to enforce the Temporary Order by calling the police for safety reasons sends a solid message to the Respondent. 

Gathering Evidence

  • Collect evidence of present or past abuse, such as photos, medical reports, and prior Protective Orders
  • Document any property damage resulting from the abuse
  • Arrange for witnesses who have observed the abuse or threats to testify in court
  • Bring financial documentation if seeking support, including income, expenses, and relevant court papers from past legal proceedings with the Respondent. 

Ensuring Ongoing Safety

  • Always carry a copy of the Protective Order with you
  • Change locks on doors and consider additional security measures like a security system or motion detector lighting
  • Keep dorrs and windows locked, consider purchasing additional security devices for added protection
  • Change phone numbers to unlisted ones and provide copies of the Order to local police departments, workplaces, and close family and friends.
  • Inform employers, security personnel,and others about the Protective Order

Gathering Evidence

  • Collect evidence of present or past abuse, such as photos, medical reports, and prior Protective Orders
  • Document any property damage resulting from the abuse
  • Arrange for witnesses who have observed the abuse or threats to testify in court
  • Bring financial documentation if seeking support, including income, expenses, and relevant court papers from past legal proceedings with the Respondent. 
  • Change daily routines and routes to avoid predictable patterns
  • Park in well-lit, secure areas and check surroundings before entering or exiting your vehicle
  • Arrange for escorts when leaving/arriving at work or school
  • Inform neighbors, landlords, and others about the Protective Order and request their vigilance.
  • Educate children about emergency procedures and the Protective Order (as appropriate based on age, development, etc.). 
  • Ensure schools and childcare providers are aware of visitation schedules and emergency contacts. 
  • Inform childcare and schools if the Order included suspension of visitation by the abuser or any specifications they should be aware of
  • Utilize intermediaries for child exchanges and prioritize meeting the Respondent in public if you have to facilitate the exchange personally. 
  • Use a PO Box for mail and update relevant parties with your address change
  • Contact your local Domestic Violence resources regarding the Address Confidentiality Program and see if you may be eligible. 

Request a duplicate Order from the issuing Court's Clerk. 

Remember, you must go to the Clerk where the Order was filed and granted. 

After the Final Protective Order is Granted

  • Contact the police immediately if the Respondent breaches the Protective Order in any way
  • Ensure you bring a copy of the Order when filing charges at the Commissioner's Office
  • Consider civil remedies for violations related to custody, visitation, or Emergency Family Maintenance
  • File a Petition for Contempt if the Respondent fails to pay Emergency Family Maintenance as mandated by the Order
  • File a Motion to Modify the Protective Order if adjustments are needed during its duration
  • Seek assistance from POARP attorneys or use blank Motion forms available at the Clerks office
  • Understand the federal requirements for enforcing Protective Orders across jurisdictions
  • Weigh the risks and benefits of registering or filing your Order - consult with POARP advocates or your local Domestic Violence resources for guidance
  • Consider the implications of filing or registering, including potential risks related to public accss
  • Reach out to POARP and/or local domestic violence resources to navigate this process safely
  • Law enforcement, Courts, and prosecutors must enforce Protective Orders consistently, irrespective of jurisdiction. 
  • Federal laws restrict abusers subject to Protective Orders from possessing firearms and amunition
  • Federal statuses address interstate travel with the intent to harm an intimate partner, ensuring accountability for such actions
  • Full faith and credit provisions ensure the enforceability of Protective Orders across state lines

You are NOT alone.

Every person deserves safety, security, & autonomy.

- POARP-
Baltimore County

Baltimore County Circuit Court

401 Bosley Avenue, Room 101

Towson, MD 21204

Monday - Friday 8:30 AM - 4:30 PM

Phone: 410-321-1041

- POARP-
Carroll County

Carroll County Courthouse Annex

55 N. Court Street, Suite 208

Westminster, MD 21157

Monday - Friday 8:30 AM - 4:30 PM

Phone: 410-386-2440