Peace Orders
What is a peace order?
Under Maryland Law, if someone you do not live with or do not have an intimate relationship with after a warning to cease contact engages in the course of conduct meant to harass, threaten, or stalk you, you have the right to file for a peace order. The purpose of the order is to keep the offending person from contacting you or coming to your home or place of work, as well as your school, if you are a student. A Final peace order remains in effect for six months and can be extended upon request.
Grounds FOR A COURT TO ENTER A PEACE ORDER
Stalking
Stalking means a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:
- of serious bodily injury;
- of an assault in any degree;
- of rape or sexual offense as defined by §§ 3-303 through 3-308 of this title or attempted rape or sexual offense in any degree;
- of false imprisonment;
- of death; or,
that a third person likely will suffer any of the acts listed in item 1 of this item; or,
the person intends to cause or knows or reasonably should have known that the conduct would cause serious emotional distress to another; and,
“stalking” includes conduct described in item (1) of this subsection that occurs:
In-person
by electronic communication: texting, emailing, posting on social media sites, and direct messaging; or,
through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent.
Threats of imminent serious bodily harm or injury
reckless or intentional behavior which the person filing reasonably believes will cause serious bodily harm or injury to them;
Assault (3 types)
- Intent to frighten someone – placing the victim in reasonable fear of being hit;
- attempted battery – trying to hurt or touch someone against their wishes but not making contact; or,
- battery, unlawful touching.
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False imprisonment:
False imprisonment occurs when a person intentionally and illegally restrains another person’s ability to move freely.
Great Atl. & Pac. Tea Co. v. Paul, 256 Md. 643, 654, 261 A.2d 731, 738 (1970),: “the necessary elements of a case for false imprisonment are a deprivation of the liberty of another without his consent and without legal justification.”
Revenge Pornography
The posting of intimate partners’ genitalia or performance of a sexual act without permission, where the victim’s face is identifiable, and where the victim had an expectation of privacy.
Trespass
Entering onto someone else’s property or refusing to leave after being told (by the owner or owner’s agent) not to do so.
Entering upon the property where a “no trespassing sign” has been posted.
Malicious destruction of property
Not theft of property, only intentional or reckless destruction of property.
Misuse of telephone facilities or equipment
Using a telephone to alarm, annoy, or torment another, repeated calls with the intent to annoy or torment another, or an obscene lewd or filthy comment made over the phone to another.
Misuse of electronic communications
Using a computer for email, text messaging, a social media application, a fax machine, or any other Internet-based communication tool to build a fake social media profile to pose as another or pose as another (the list is not exhaustive)
We can walk you through securing or appealing a peace order from a District Court judge, District Court commissioner, or Circuit Court judge. You may also wish to know the potential traps you could face in Court and how these orders can affect your immigration status or your top secret and secret security clearances.
Resources
The Guide to Protective Orders in MD
The Guide to Peace Orders in MD
Annotated Supplement for Attorneys
Process for Filing a Petition for Peace Order
Petitioners (filers)
To get a peace order, a petitioner must appear before a Judge or Commissioner of the District Court and provide a few minutes of testimony. The judge or commissioner will decide whether or not an order should be issued. Before applying for one of these orders, you should review the relevant statutes (laws) (§3-1501, Courts and Judicial Proceedings Article) to determine whether you are entitled to a peace order. In addition, make sure that you provide the judge with the specific facts about what happened to you. Also, be sure that the acts you are complaining about occurred within the period required for filing under the law, within 30 days of filing a Petition for Peace Order.
Quick Tips
If you have been injured, you should provide the judge with photographs or medical reports. In addition, you should preserve any electronic evidence relevant to your case. This may include text messages or emails.
Once the temporary order is issued, the court gives it to local law enforcement to be served on the respondent. The order becomes effective once it is served and prohibits the respondent from contacting the petitioner. A final hearing is scheduled a week later, where the parties’ case is then heard by a judge who makes a final decision. If the judge finds by clear and convincing evidence that the respondent committed assault or other acts, made threats, stalked, or harassed the petitioner, then a final order is issued.
Respondents
If you have been named a respondent in a peace order case, remember that you could also face criminal charges for the same acts. In addition, if the police attempt to interview you, they may use whatever information or explanations you give them against you in the criminal or restraining order case.
There are many things that a respondent should know before attempting to handle a peace order.
In addition, Maryland Courts post peace order cases on the Maryland case search. Case search is a public database that lists all cases pending in the Maryland court system;
Impacts of a peace order against you
Any security clearance you hold may affected by the filing of either a peace order against you;
Landlords may be unwilling to rent to you if you are the respondent in a peace order;
Employers may be reluctant to hire you;
Banks may choose not to extend credit to you;
If you are a party in a domestic relations case, any custody arrangement with your child could be jeopardized;
A Peace Order could trigger immigration consequences;
All statements you make in the peace order hearings can be used against you if police later charge you with a crime in the same matter or a related matter.
Marc Emden Explains the types of legal protections available and determines the right option for your situation.
Success Stories
Marc Emden did an excellent job supporting my case for establishing a peace order. He went out of his way to make sure I was properly prepared and provided expert advice and recommendations to make sure the peace order was finalized by the judge at the court hearing. His professionalism, in-depth knowledge, and the detailed attention he paid to my case were second to none and much better than other attorneys I’ve dealt with in the past. I would strongly recommend him to others who have similar legal matters.
Ronald
Mr. Marc Emden is definitely the best attorney and the only one I will ever recommend. He is very knowledgeable and honest. He walked me through the whole process of getting a peace order. He made sure we rehearsed what I would say in court every time, which really made me confident and comfortable. I was very satisfied with the outcome of the case and the service I got from Mr. Emden.
Adeline
I’m an attorney, but one who lacks experience with criminal or peace/protective order matters. I came across Marc’s profile when searching about the latter in MD; he had written a guide to peace and protective orders. This is usually a very good sign with a practitioner – you’re dealing with an expert! – and my hunch was rewarded after I called him and he answered on the second or third ring. As other reviews on here (including some from people who have known him for decades) note, he’s a skilled lawyer and expert negotiator. His expertise with peace orders led to an optimal outcome in that case and almost certainly resulted in an extremely positive result a few months later in a related case. Marc is the real deal: reasonable, prompt, efficient, smart, manages expectations, holds himself to high standards, and wants to achieve the best outcome for each client.
Oliver
From the very first conversation I had with him I knew he was the one who had to represent me in my case. He was very dedicated and knowledgeable, he worked very hard to ensure I was satisfied with the outcome of my case and I sure was! I had a peace order against me and that was dismissed thanks to Mr. Emden’s expertise.
Lisseth
Marc provided outstanding service. He was thorough and made us feel comfortable and confident in our case. I would highly recommend especially if you’re in need of a lawyer to fight a peace or restraining order. Thanks, Marc! I would use him again if ever needed.
