Protective Order - Bourdon & Tortolero, PLLC

How Can I Get a Protective Order?

October 30, 2023

A protective order is a court order that is designed to prevent violent or threatening behavior, harassment, contact, or physical proximity from another person. Let’s discuss who can get a protective order in Maryland.

Qualifying for a Protective Order in Maryland

In Maryland, to qualify for a protective order, the applicant must have a certain type of relationship with the other person, including the following:

  • married, divorced, or separated
  • parents of a child together
  • lived together in a sexual relationship for at least 90 days in previous year
  • had a sexual relationship with each other in previous year
  • related by marriage, adoption, or blood, including stepparents and stepchildren if they have lived with the applicant for at least 90 days in the previous year
  • were raped or sexually assaulted—or these acts were attempted—by the other person in previous six months
  • are a vulnerable adult

Abusive Acts

To apply for a protective order, you must prove that the other person committed an “act of abuse” which includes the following:

  • Stalking
  • Assault
  • Rape (including attempted)
  • Sexual offense (including attempted)
  • An act that causes fear of imminent serious bodily harm or causes serious bodily harm
  • Revenge porn
  • False imprisonment

Protective Order Safeguards

Interim or temporary protective orders provide short-term protections for a few days or weeks. The person can be ordered to:

  • Cease all contact with you
  • Stop threatening, harassing, or abusing you
  • Stay away from your work, home, or school
  • Leave your home if you are married or your name is on the lease or deed of your home

Protective orders may also address possession of firearms, child custody, and safeguards at childcare providers.

Final protective orders provide protections for up to one year which can include the above safeguards and:

  • Temporary child visitation schedule or access
  • Counseling for substance abuse or domestic violence
  • Emergency family financial support if you and the other person are married or if you have custody of children
  • Use and possession of a jointly owned vehicle

To learn more about protective orders, speak with an experienced Maryland domestic litigation attorney.

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