Filing for a Protective Order in Maryland

A Maryland protective order is a civil safety order for someone abused by a person close to them — a current or former spouse, a relative, a co-parent, a cohabitant, or a recent intimate partner — under Family Law §4-501. You can file for free at a District or Circuit Court (or with a court commissioner after hours), and a judge can order the abuser to stop, stay away, leave a shared home, surrender firearms, and more. Here is how to file and what to expect at each stage.

Updated June 2026 · ~8 min read · By Emden Law — 30+ years of Maryland trial experience, Rockville

Who can file — the relationship test

A protective order is available only when you and the person who abused you share a qualifying relationship. Maryland calls this being a "person eligible for relief" under Family Law §4-501. You qualify if the abuser is:

• your current or former spouse;
• a relative by blood, marriage, or adoption;
• a cohabitant — someone you lived with and had a sexual relationship with for at least 90 days in the past year;
• a person you have a child in common with;
• someone you had a sexual relationship with within the past year;
• someone who committed or attempted rape or a sexual offense against you in the past six months; or
• a vulnerable adult on whose behalf you are filing.

If your situation doesn't fit one of these categories — for example, a neighbor, a coworker, or a dating partner you never lived with — the right tool is a peace order, not a protective order. Getting this distinction right at the outset matters, because starting in the wrong track costs you time you may not have.

What counts as "abuse"

Under Family Law §4-501(b), "abuse" means a specific act — not just a difficult relationship. It includes an act that causes serious bodily harm; an act that places you in fear of imminent serious bodily harm; assault in any degree; rape or a sexual offense; false imprisonment; stalking; revenge porn; and, where the victim is a child, mental injury to that child. Your petition should describe at least one of these acts in concrete terms.

Where and how to file — and the petition itself

During court hours, you can file in either the District Court or the Circuit Court in your county. If you already have a family case underway — a divorce or a custody matter — it is often wise to file in the Circuit Court so that custody and use-of-home rulings don't conflict. When the courthouse is closed — nights, weekends, holidays — you go to a District Court commissioner, who is available 24 hours a day and can issue emergency protection on the spot.

You'll complete two Maryland Judiciary forms: the Petition for Protection from Domestic Violence (Form CC-DC-DV-001) and the Addendum – Description of Respondent (Form CC-DC-DV-001A), both available at mdcourts.gov. You sign the petition under penalty of perjury, so be accurate — and be specific. Instead of "he's been threatening me," write what happened, when, what was said or done, any injuries, and whether a weapon was involved. At your first hearing the judge usually has only your petition to go on, so detail is what earns protection. You can also ask the court to withhold your address from the respondent and the public record using Form CC-DC-DV-026.

This is where having an attorney early pays off: at Emden Law we help petitioners draft the petition so the facts that matter are front and center, and we can stand with you at the hearings.

The three stages, step by step

A protective order is built to protect you immediately and then give both sides a fair hearing:

• Interim order (commissioner). If you file after hours, a commissioner can issue an interim order on reasonable grounds that abuse occurred. It lasts until a judge can hold a temporary hearing — usually the next day or two the court is open.
• Temporary order (judge). A judge reviews your petition, usually without the other person present (ex parte), again on reasonable grounds. A temporary order typically lasts about seven days, and the judge can extend it if the respondent hasn't been served yet.
• Final order (judge, full hearing). Both you and the respondent can appear, testify, present evidence, and question witnesses. To grant a final order, the judge must find by a preponderance of the evidence (more likely than not) that the abuse occurred. A final protective order can last up to one year, can be extended by an additional six months for good cause, can run up to two years if there is a later act of abuse, and — in narrow circumstances, including by the respondent's consent — can be made permanent.

What a protective order can order

A final protective order is powerful. Under Family Law §4-506, a judge can order the respondent to:

• stop abusing, threatening, or contacting you;
• stay away from your home, job, or school;
• leave a home you share and give you its use and possession;
• surrender any firearms and not possess one while the order is in effect;
• pay emergency family maintenance if they have a legal duty to support you;
• give you temporary custody of your children; and
• give you temporary possession of a pet.

What it costs — nothing

There is no fee to file or serve a protective order in Maryland. By law (Family Law §4-504(c)), the court cannot charge you a filing fee or service costs for an interim, temporary, or final order, or for a witness subpoena. Cost is never a reason to wait.

Filing for your child — or for a vulnerable adult

Children can't file on their own, so an adult petitions for them as a "next friend." For a protective order, the adult filing for a minor must be related to the child by blood, marriage, or adoption, or be an adult who lives in the same home — and the State's Attorney or the Department of Social Services can also file. For a vulnerable adult, the petition can be brought by the adult themselves, a relative, an adult who lives in the home, the State's Attorney, or the local Department of Social Services. The child or vulnerable adult is the protected person named on the order.

If the person who harmed you is under 18

If the person who abused you is a minor, you generally cannot obtain a standard protective order against them — even if you are an adult. Maryland routes these cases into a separate juvenile peace order process that begins at the Department of Juvenile Services rather than at the courthouse counter. We walk through that path in detail in our Maryland peace order petitioner's guide.

Preparing for your final hearing

Bring everything that proves what happened: photos of injuries or damage, medical records, police reports, and printed texts, emails, or voicemails. If someone witnessed the abuse, they can be subpoenaed to testify. You have the right to be represented at both the temporary and final hearings — and it helps. An attorney knows the rules of evidence, can object when the other side oversteps, and makes sure your account meets the legal standard. This is exactly the kind of hearing Emden Law prepares petitioners for.

Keeping yourself safe

A protective order is a legal tool, not a physical shield, and filing can sometimes anger an abuser. Make a safety plan with a local advocate, and if you are in immediate danger, call 911 — don't wait to file paperwork. You can reach the National Domestic Violence Hotline any time at 1-800-799-SAFE (7233). If you need your location kept secret long term, Maryland's "Safe at Home" Address Confidentiality Program (run by the Secretary of State) provides a substitute address that courts and state agencies must accept.

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.)