Peace Order Lawyer in Rockville, Maryland

A Maryland peace order is a civil District Court order that can require the respondent to stay away from the petitioner, the person seeking relief, and have no contact. Among other requirements, the petitioner must not be eligible for a protective order and must allege a listed act, such as harassment, that occurred within 30 days before filing. Emden Law in Rockville represents people served with, or anticipating, a peace order. If you are asking for one, the Maryland Courts' peace order page carries the forms and the filing steps.

Call Emden Law at (301) 241-0596

Updated October 2026 · By Emden Law, Rockville

What a peace order is

A peace order is Maryland's civil stay-away order under Courts and Judicial Proceedings § 3-1501 and following, and it is not a criminal charge. The person who files is the petitioner, and the person the petition alleges committed a listed act is the respondent (§ 3-1501). A peace order may be available to a petitioner who is not eligible for a protective order, if the statute's requirements are met; the Maryland Courts give a neighbor, a stranger and a coworker as examples of the other person. An employer may also petition over acts alleged against an employee at the employee's workplace. The act must be alleged to have happened in Maryland, or the petitioner, or the employee, must be a Maryland resident (§ 3-1503(a)(2)).

If you were served with a peace order

Being served does not mean you are under arrest or charged with a crime; the case is civil. The papers name you as the respondent and give a hearing date, and the order sets the limits on contact. The statute gives you an opportunity to be heard before a final order issues (§ 3-1505(a)), and you can consent to the order or contest it.

• Comply fully. Violating an order can bring arrest, criminal prosecution, contempt, jail or a fine.
• Make no contact, directly or through anyone else, even if the petitioner invites it. The order binds you, not the petitioner.
• Preserve evidence. Keep every text, email, voicemail and piece of camera footage; delete nothing.
• Get counsel now. A temporary order lasts only days, and the final hearing comes quickly.

The same events can also lead to a criminal charge, a separate case prosecuted by the State. If one is filed, what you say under oath at the peace order hearing can be used against you in the criminal case, and if you invoke the Fifth Amendment and stay silent, the civil judge may draw an adverse inference from that silence. When we represent a respondent, we explain what the order requires, prepare you for the final hearing and represent you there and on any appeal.

Who can defend me against a peace order in Maryland?

Any lawyer licensed in Maryland can represent you at the temporary and final hearings and on appeal. A peace order case is not a criminal case, so the Maryland Courts say a respondent is not entitled to a public defender; you may hire a lawyer or represent yourself. Emden Law, in Rockville, represents respondents across Maryland. We review the petition and the order with you, explain what the judge must find, prepare your evidence and witnesses, and speak for you in court. If a criminal charge comes from the same events, we can defend that case too.

Peace order or protective order?

Which order applies turns on whether the petitioner is a "person eligible for relief" under Family Law § 4-501, and the Judiciary's brochure says no one can qualify for both. A person eligible for relief includes:

• a current or former spouse, or a relative by blood, marriage or adoption;
• a cohabitant: a sexual relationship and at least 90 days living together within 1 year before filing;
• a parent, stepparent, child or stepchild of either the respondent or the person eligible for relief who resides or resided with either of them for at least 90 days within 1 year before filing;
• a person who has a child in common with the respondent, or who had a sexual relationship with the respondent within 1 year before filing;
• a vulnerable adult; or
• someone alleging that the respondent committed against them, within 6 months before filing, rape or a sexual offense under Criminal Law § 3-303, § 3-304, § 3-307 or § 3-308, or attempted rape or sexual offense in any degree.

For a petitioner outside that list, a peace order may be available instead, if the statute's other requirements are met, such as an alleged assault, harassment or stalking within 30 days before filing; the peace-order law does not apply to a petitioner who is eligible for a protective order (§ 3-1502(b)(1)). The Maryland Courts compare the two on their peace order page, protective order page and brochure on the two orders, and the People's Law Library has a peace orders page. If the petitioner is a person eligible for relief, see our guide to Maryland protective orders.

The 30-day rule and what counts

A peace order petition must allege a listed act that occurred within 30 days before the petition was filed (Courts § 3-1503(a)(1)). Whether the conduct alleged is one of those acts, and whether it falls inside that window, are questions for the judge. The acts the statute lists, with the Criminal Law Article sections it cites, are:

• an act that causes serious bodily harm, or that places the petitioner in fear of imminent serious bodily harm;
• assault in any degree, or false imprisonment;
• harassment under Criminal Law § 3-803, or stalking under § 3-802;
• trespass under Criminal Law Title 6, Subtitle 4, or malicious destruction of property under § 6-301;
• misuse of telephone facilities and equipment under § 3-804, or misuse of electronic communication or interactive computer service under § 3-805;
• revenge porn under § 3-809; or
• visual surveillance under Criminal Law § 3-901, § 3-902 or § 3-903, a ground since October 1, 2025.

The stages and what the judge must find

A peace order petition is filed in the District Court of Maryland, the court the statute names (§ 3-1501(c)); when the District Court clerk's office is closed, it may be filed with a District Court commissioner (§ 3-1503.1(a)). The case can pass through three orders:

• Interim order. A commissioner may issue one on reasonable grounds to believe the respondent committed a listed act and is likely to commit one in the future (§ 3-1503.1(b)). It lasts until the temporary hearing or the end of the second business day the clerk's office is open after it issues, whichever comes first.
• Temporary order. A judge applies the same test after a hearing that may go ahead without the respondent (§ 3-1504). It lasts up to 7 days after it is served on the respondent, and the judge may extend it, up to 30 days, to get it served or for other good cause.
• Final order. The final hearing is held no later than 7 days after the temporary order is served, unless that order is extended or the hearing is continued for good cause. The judge may issue a final order on finding, by a preponderance of the evidence, that the respondent committed a listed act and is likely to commit one in the future, or if the respondent consents (§ 3-1505).

At the final hearing, both sides may offer testimony and evidence, or the respondent may consent to the order instead of a trial.

What a peace order can and can't do

A final order can tell the respondent to refrain from committing or threatening the listed acts, have no contact with the petitioner, stay out of the petitioner's residence, and stay away from the petitioner's work, school or temporary residence. For an act of visual surveillance, it can order the respondent to remove or reposition the device within 15 days after the final order issues and to refrain from further visual surveillance. The judge may also direct either side to professionally supervised counseling or, if the parties are amenable, mediation, and order either party to pay filing fees and costs (§ 3-1505(d)). The order may contain only the relief minimally necessary to protect the petitioner.

A peace order does not evict anyone from a shared home, award custody or order emergency family maintenance. Those are protective order remedies under Family Law § 4-506(d).

How long a peace order lasts and how it is extended

A final peace order lasts for the period the judge sets, up to 6 months (§ 3-1505(f)). For good cause shown, after notice and a hearing, a judge may extend it for 6 months beyond that period (§ 3-1506(a)(2)). A motion to extend filed during the term is heard within 30 days, and if that hearing is not held before the order expires, the order is automatically extended until the hearing (§ 3-1506(a)(3)(ii)).

The order can also be modified or rescinded during its term, after notice and a hearing (§ 3-1506(a)(1)). Either side may appeal to the circuit court, which hears the case anew, and the District Court order stays in effect until a circuit court judgment supersedes it (§ 3-1506(b)).

How the two Maryland orders compare

When the respondent is a child

The peace-order statute does not apply to a respondent who was a child at the time of the alleged act (§ 3-1502(b)(2)), so the peace order this page describes is not available against them. The test looks at the time of the alleged act, not the day the petition is filed.

If you are asking for a peace order

This page is written for respondents. If you are the person seeking relief, the Maryland Courts' peace order page carries the forms and the filing steps, and the People's Law Library has a peace orders page.

Frequently asked questions

This article is general legal information, not legal advice, and does not create an attorney-client relationship. Maryland law changes and every case turns on its specific facts. Consult a licensed Maryland attorney about your situation. (Maryland Attorneys' Rules of Professional Conduct 19-307.1.)