Protective orders and peace orders are two types of civil orders designed to provide legal protection to individuals who have been subjected to violence or abusive behavior. Protective orders and peace orders typically order one person to refrain from committing certain acts against another person. Many people commonly think of these orders as “restraining orders.”  

Despite their similarities, there are multiple differences between protective orders and peace orders. The main differences relate to the relationship between the petitioner (person seeking protection), the respondent (person accused of wrongdoing), and the acts qualifying as abuse. 

Protective Orders 

A person eligible for relief for a protective order includes: 

• The current or former spouse of the respondent
• A cohabitant of the respondent
• A person related to the respondent by blood, marriage, or adoption 
• A parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition
• A vulnerable adult 
• An individual who has a child in common with the respondent 
• An individual who has had a sexual relationship with the respondent within 1 year before the filing of the petition 
• An individual who alleges that the respondent committed, within 6 months before the filing of the petition, rape, attempted rape, or a sexual offense 

In the protective order context, the definition of “abuse” which can form the basis for a protective order includes the following: 

• An act that causes serious bodily harm 
• An act that places a person eligible for relief in fear of imminent serious bodily harm 
• Assault in any degree 
• Rape, attempted rape, or sexual offense 
• False imprisonment 
• Stalking 
• Revenge porn 
• Abuse of a child 
• Abuse of a vulnerable adult 

Peace Orders 

A person who does not qualify as a person eligible for relief for a protective order is eligible to seek a peace order for protection from another individual.  

The acts which can form the basis for a peace order include the following: 

• An act that causes serious bodily harm 
• An act that places the petitioner or the petitioner’s employee in fear of imminent serious bodily harm 
• Assault in any degree 
• False imprisonment 
• Harassment 
• Stalking 
• Trespassing 
• Malicious destruction of property 
• Misuse of telephone facilities and equipment 
• Misuse of electronic communication or interactive computer service 
• Revenge porn 
• Visual surveillance 

Shielding of Protective Orders and Peace Orders 

The entry of a protective order or peace order can cause serious collateral consequences for the Respondent, such as difficulties in seeking employment or obtaining a lease.  

However, Maryland law allows records of protective order and peace orders proceedings to be shielded in certain circumstances.

Visit our blog to learn more about shielding protective orders and shielding peace orders.  

Meet Our Family Law Team  

Monica Scherer and her family law attorneys are dedicated to providing aggressive representation and sound legal advice to our family law clients. Our attorneys have many years of litigation experience and provide effective representation to our clients in all types of family law matters. They are recognized as leaders in this field.  

We invite you to contact us or call our office at 410.385.2225 to see how we can make a difference for you.