A Guide to Peace Orders in Maryland
2022 Edition

Peace Orders in Maryland

This book contains material protected under International and Federal Copyright Laws and Treaties. Any unauthorized reprint or use of this material is prohibited. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system without express written permission from the author/publisher.

Marc Emden

Forward

In Maryland, the process for facing a peace order in court can be intimidating and confusing. It is my hope that this short work will simplify and guide you through this tricky process.

Respectfully yours,
Marc Emden, Esq

eBook Version

eBook - The Guide to Protective Orders in MD PDF

About the Author

For over 35 years, Marc Emden has handled civil and criminal cases in Maryland and Washington, DC. Marc was born and raised in Silver Spring, Maryland, attended Northwood High School, graduated cum laude from the University of Maryland with a degree in Government & Politics, and received his law degree from the American University Washington College of Law in 1981. He currently practices law in Maryland with the law firm of Emdenlaw.

For more information on Marc’s professional background, click here.

A Guide to Peace Orders in Maryland

Disclaimer: This book is for informational purposes and is not intended to give detailed legal advice. Transmission and receipt of this book does not constitute an attorney-client relationship. Marc Emden practices law in Maryland and he does not seek to represent anyone in any jurisdiction where this book does not comply with applicable laws and bar rules. Readers should not act upon the information in this book without first seeking the advice of an attorney licensed to practice in your area.

Table of Contents

Comparing Protective and Peace Orders

Where? Protective Order ( FL Art. 4-501 et seq.) Peace Order ( CJP Art. 3-1501 et seq.)
What is it? Allows victims of domestic violence to receive protection and some kinds of relief Provides protection to people experiencing certain kinds of abuse who are not eligible for protective orders
How do these orders compare? They’re very similar. Each is a 3-step process beginning with an interim order and moving to a hearing where both parties are present. They’re very similar. Each is a 3 step process beginning with an interim order and moving to a hearing where both parties are present.
Who is eligible?
  • Current and former spouses
  • Cohabitants for 90 days
  • A person related to the Respondent by blood, marriage, or adoption
  • A parent, stepparent, or stepchild (under certain circumstances)
  • Vulnerable adults
  • Person who has had a child with the Respondent
  • Person who alleges that the respondent committed, within 6 months before the filing of the petition, rape or a sexual offense in any degree or attempted rape or sexual offense in any degree
Anyone who is not eligible for a protective order, but who is a victim of abuse
How is abuse defined?
  • Act that causes serious bodily harm
  • Act that places the Petitioner in fear of imminent serious bodily harm
  • Assault
  • Rape or sexual offense
  • False imprisonment
  • Stalking
  • Revenge Porn
  • Act that causes serious bodily harm
  • Act that places the Petitioner in fear of imminent serious bodily harm
  • Assault
  • Rape or sexual offense
  • False imprisonment
  • Harassment
  • Stalking
  • Trespass
  • Malicious destruction of property
  • Revenge Porn
  • Misuse of telephone
  • Misuse of electronic communication
  • Visual surveillance
Which courts have jurisdiction? District and circuit courts Only the District court
How soon after the act must the Petitioner file for a protective order? Anytime after the act occurs The act must have occurred within 30 days of filing the
petition
Are there any other requirements? No The Petitioner must show that the act occurred and that it is likely to occur again
Is there a filing fee? No There is a $46 filing fee and a $40 service fee. The court may waive the filing fee for indigent Petitioners, but not the service fee
What is the penalty for filing a false order? There are misdemeanor penalties for knowingly providing false information on the petition There are misdemeanor penalties for knowingly providing false information on the petition
What is the standard of
proof for getting this order?
Interim and Temporary Orders
– “reasonable grounds to believe that the Respondent has abused a person eligible for relief (PEFR)”Final Order
– Preponderance of EvidencePermanent Protective Order
After Conviction and
Imprisonment
– A permanent protective order may issue against an individual that was convicted and served a term of imprisonment of at least five years for specified underlying acts of abuse. This final protective order is permanent unless terminated at the request of the victim.
Interim and Temporary Orders
– “reasonable grounds to believe that the Respondent has abused a person eligible for relief (PEFR)”Final Order
– Preponderance of evidence that the Respondent committed the alleged act, and is likely to commit the act in the future.
How long is the order in effect? Judges may extend a temporary protective order from 30 days to 6 months. Temporary protective orders may be extended to effectuate service of the order,to provide protection, or other good cause.

Final orders last up to 1 year with the option to extend for 6 months.

The permanent protective order lasts until the victim requests termination.

Up to 6 months
What types of relief are available
under the order?
All of the relief available under the temporary order, and

  • Establishment of temporary visitation
  • Award of emergency family maintenance
  • Award of use and possession of jointly titled car
  • Counseling
  • Order for Respondent to surrender all firearms
  • Order for Respondent to pay filing fees and court costs
All of the relief available under the temporary order, and

  • Counseling
  • Order for Respondent to pay filing fees and court costs
Will the court always order all of the relief available? The protective order may include any or all of the available relief No. The court may only order the relief that is minimally necessary to protect the Petitioner
Can the court order mutual orders? The court can only issue a protective order to a person who has filed a petition. When both parties have filed, the court may issue mutual orders if it finds (by a preponderance of evidence that:

  • mutual abuse has occurred,
  • both parties acted as primary aggressors, and
  • neither party acted primarily in self defense
The court can only issue a mutual peace order if both parties have filed for one and the court finds (by a
preponderance of evidence)
that:

  • each party has committed, and
  • is likely to commit, in the future, an act of abuse as described in the law
What can the Petitioner do if the order is violated by the Respondent? The Petitioner can file a Petition for Contempt against the Respondent. In addition, if the Respondent violates the “stay away” portions of the order, the Petitioner can file a criminal charge. Violation of the order is a fine of up to $1000, and/or imprisonment for up to 90 days, for the first offense. For a subsequent offense, a fine of up to $2500, and/or imprisonment for up to 1 year, may be imposed The Petitioner can file a Contempt Petition against the Respondent. The Petitioner can also file a criminal charge. Violation of the order is a misdemeanor and on conviction a Respondent is subject to a fine for the first offense of up to $1000, and/or imprisonment of
up to 90 days
Can the police arrest the Respondent for violating the order? If the “stay away” portion of the order is violated, the Respondent can be arrested with or without a warrant. If the “stay away” portion of the order is violated, the Respondent can be arrested with or without a warrant.
Can the order be modified or rescinded? A motion to modify or rescind the order can be filed in any court with jurisdiction, or where the order was issued A motion to modify or rescind the order can be filed in the court where the order was issued
Can the issuance or denial of the
order be appealed?
An order issued in the District court may be appealed to the Circuit court. The appeal will be heard “de novo”. An order issued in the Circuit court may be appealed to the Court of Special Appeals A peace order may be appealed to the Circuit court, “de novo”
What kinds of relief are available
under the interim order?
  • Respondent may be ordered to refrain from threatening or committing abuse
  • End all contact with Petitioner
  • Stay away from Petitioner’s home, place of employment, school, or residence of family member
  • If Respondent and Petitioner are living together, and child abuse is alleged, temporary custody of children may be given to Petitioner
  • If Respondent and Petitioner are living together, Respondent may be ordered to vacate their home, and temporary use and possession of the home may be awarded to the Petitioner
  • Respondent may be ordered to refrain from threatening or committing abuse
  • End all contact with Petitioner
  • Stay away from Petitioner’s home, place of employment, or school
How long does the interim order last? Until the temporary protective order hearing, or the end of the Second business day the office of the Clerk of the District Court is open after the interim order was issued, whichever is sooner Until the temporary peace order hearing, or the end of the Second business day the office of the Clerk of the District Court is open after the interim order was issued, whichever is sooner


Section 1. What are Peace Orders?

In this section:

  • What are Peace Orders?
  • Types of Peace Orders?
  • Impact of Peace Orders?

______________________

What are Peace Orders?

Maryland’s Peace Orders are a type of restraining order which can be issued by a Judge in order to protect a victim from an alleged abuser. Peace orders may be filed at any time by the person abused or threatened with violence, harassed or stalked by a person such as a friend, acquaintance, neighbor, or a complete stranger. If the abuser is either the spouse, ex-spouse, domestic partner, someone with whom he/she shares a child, someone they dated or had a sexual relationship with, or are a current or ex-boyfriend or girlfriend of the person seeking protection from the court, then you should file a “protective order” not a “peace order.”

Protective Orders offer similar protections but have different filing requirements. You can find information on filing a protective order here. In both situations, the alleged victim is known as the “Petitioner” and the alleged wrongdoer is known as the “Respondent.”

Peace orders offer many kinds of protection for the Petitioner. A Judge has the power to order a Respondent to stop threatening or committing abuse, to stay away from the Petitioner, or stop contacting them altogether. A peace order can also offer the Petitioner relief in other ways, as discussed in Section 4 of this guide.
The degree of protections offered to the Petitioner depend greatly on the evidence presented to the Judge and perhaps the timeliness of your filing. An attorney may be helpful in advising you about your case, filing for the peace order, or representing you in court.

For many of the same reasons, an attorney may be helpful in advising the person who has been accused of any wrongdoing (Respondent) about any defenses they may have in court. This advice may often cover whether the Respondent may have grounds to file a peace order against the original filer. These are known as “mutual peace orders.”

Types of Peace Orders

There are three types of peace orders: the first is an “interim peace order,” A district court commissioner (quasi-Judge) issues these orders when courts are closed, times outside of 8:30-4:30, Monday-Friday, and on federal holidays. This order lasts for about 48 hours or until the second day once the courts are open.

The second type is a temporary peace order. This order is the more typical order which a Judge initially issues at the end of 48 hours or if you have filed your petition with the court during normal business hours. The Courts enter these orders provided that it finds that you demonstrated “reasonable grounds” that you or other person eligible for relief has been a victim of “abuse”. This order lasts for about one week or until the Final Peace Order hearing is held.

The third type is a final peace order. A Court may issue a final peace order If the Petitioner has proved grounds of abuse by higher standard called the “preponderance of evidence”. A FPO can last up to a year.

Impact of Peace Orders on Respondents

There are many things that a Respondent should know before attempting to handle a peace order on his or her own. For example, Maryland courts are required to post peace order cases on the Maryland Judiciary Case Search. The Case search is a public database which lists all cases pending in Maryland courts.

Having a peace order filed against a person may affect them in the following ways:

  • Disqualification from obtaining a security clearance for employment;
  • Inability to obtain a lease. Landlords may be unwilling to rent to you if you are the Respondent in a peace order;
  • Inability to secure employment. Employers may be reluctant to hire you;
  • Inability to obtain favorable credit. Banks may choose not to extend credit to you;
  • Incriminating yourself. Statements you make in the peace order case may be used against you if the police later charge you with a crime in the same matter or a related matter.
  • Imperiling your immigration status.

Sometimes, peace orders are also the focus of future criminal prosecution. To avoid the legal impediment of having an order issued, you may try to negotiate a private agreement with the Petitioner.

Section 2. Grounds for Filing a Peace Order

In this section:

  • What is an Underlying Act?
  • What does “series of acts over time” mean?
  • Who is Eligible to File for a Peace Order?
  • Why must I show that that behavior is likely to happen again?

______________________

What is an Underlying Act?

Maryland law defines an underlying act as:

  • An act that causes serious bodily harm;
  • Any act that places someone in fear of serious bodily harm or death;
  • Assault and any non-consented to touching including: pushing, slapping, spitting, or shoving;
  • Rape or any sexual assault;
  • False imprisonment;
  • Abuse of a minor child or a vulnerable adult;
  • Harassment;
  • Stalking;
  • Trespass;
  • Malicious destruction of property;
  • Misuse of telephone facilities and equipment;
  • Misuse of electronic communication or interactive computer service;
  • The posting of revenge pornography;
  • Visual surveillance.

To obtain a peace order, a Petitioner can go to a District Court where he or she will provide a few minutes of testimony to a Judge or a commissioner. This Judge or commissioner will then decide whether an order should be issued. In addition, make sure that you provide the Judge with the specific facts about what happened to you. The more you can describe the particular ways you were injured and the parts of your body which were affected, the easier it will be for the Judge to understand your case. (See Article: “Protective/Peace Order what are they and how to get them” from here.)

While a peace order can provide you with certain protections and relief from abuse, a court order is no guarantee of your immediate safety. Call 911 if you are in immediate danger. Report any violations of a peace order to the police.

What Does “Series of Acts Over Time” Mean?

If you are claiming harassment as the basis for a Peace Order, it is important to have an understanding of what constitutes harassment in Maryland. The “Harassment” statute provides, in pertinent part, that one is prohibited from “engaging in a course of conduct that alarms or seriously annoys the other.” Under Md. Criminal Law Code Ann. §3-801, “course of conduct means a persistent pattern of conduct, composed of a series of acts over time, that shows a continuity of purpose.”

“Series” is not defined in the statute; however, the US Circuit Court for the Fourth Circuit in Beckley Mechanical Inc. v. Erie Insurance Co. found that “[t]he Court looks to the plain meaning of series, which is defined as a number of things or events of the same class coming one after the other in spatial or temporal succession. Merriam-Webster’s Collegiate Dictionary 1069 (10th ed. 1998).” Beckley Mechanical, Inc. v. Erie Ins. Co., 2009 U.S. Dist. LEXIS 30881, *11, 2009 WL 973358. “Series” therefore means that a Petitioner would be required to prove that at least three or more prohibited acts had occurred within the 30-day statutory window.

Who is Eligible to File for a Peace Order?

In Maryland, you may file for a peace order as long as you and the alleged abuser:

  • Are not current or former spouses;
  • Have not lived together in an intimate relationship for at least 90 days during the past year;
  • Are not related by blood, marriage, or adoption;
  • Are not in a parent-child, or stepparent-stepchild relationship and have resided together for at least 90 days during the past year;
  • Are not in a caretaker-vulnerable adult relationship;
  • Are not the parents of a child together; or
  • Have not had a sexual relationship within 1 year before the filing of the petition.

Recent Amendment to the Law

Beginning October 1, 2021, an employer may petition a Court for a Peace Order on behalf of any of its employees. The Legislature added this provision in response to concerns about addressing violence or harassment in the workplace.

Why must I show that the Behavior is Likely to Happen Again?

Pursuant to Maryland Courts and Judicial Proceedings Code Ann. § 3-1503.1, a Final Peace Order cannot be granted unless there is a finding “that there are reasonable grounds to believe that the respondent has committed, and is likely to commit in the future, an act specified in § 3-1503(a) of this subtitle against the petitioner or the petitioner’s employee.” Thus prior to a final Peace Order being issued, the Petitioner must demonstrate to the judge or commissioner some evidence of likelihood that the respondent is likely to commit the prohibited act again.

One of the ways you might demonstrate this is by asserting that you asked the person to stop the behavior and they ignored your request and repeated the objectionable behavior. and that you live or work in close proximity to the Respondent, for example. It is important to be able to offer some kind of evidence to support this necessary element or you run the risk of the Court denying your Petition.

Section 3. Process for Filing a Peace Order

In this section:

  • Overview of the Process
  • Proof
  • Penalty for Filing a False Order
  • Duration of an Order
  • Modifying, Rescinding, or Extending Peace Orders

______________________

Overview of the Process

There are four steps to getting a peace order:

  • Step 1: Complete the Petition Form
  • Step 2: File the Petition
  • Step 3: Appear for a Temporary Hearing
  • Step 4: Appear for a Final Hearing

Step 1: Complete the Petition Form

Even if someone suffers an act of abuse in another state or the perpetrator of the act lives out of state, the Petitioner may still file in Maryland as long as they are a resident of this state. You can file a petition for a peace order at a Maryland District Court, or the Department of Juvenile Services if the perpetrator is under 18 years of age.

There are fees for filing peace orders unless waived by the Court.

Step 2: File the Petition

The Petition for getting a protective or peace order is relatively simple and straightforward. You must complete a form called “The Petition.” This is the first step in the process to obtain a court order. There is a 30-day time limit from the date of the alleged incident(s) for filing peace orders in Maryland.

On the form, you will be asked to check off various boxes to indicate the type(s) of abuse you are contending happened to you. Make sure that the boxes you have checked are truly accurate. In addition, make sure that your written description on the form of the incidents which have led you to file is factually accurate and detailed since your statements may later be challenged in a court hearing by a lawyer representing the opposing side.

Step 3: Appear for a Temporary Hearing

Once you have filed your Petition along with any photographs or other evidence you have of the abuse, the clerk will ask you to wait to see the Judge or commissioner.

When you appear before the Judge or commissioner, he or she will ask you questions about your petition. If the Judge decides that you have offered “reasonable grounds” for the order, a temporary or interim order will be issued by the court.

Once the temporary order is issued, the court then gives it to local law enforcement to be served on the Respondent. The order becomes effective once it is served, and it prohibits the Respondent from contacting the Petitioner or anyone else listed in the order.

At the Temporary Peace Order hearing, if the court believes that there may be evidence that a vulnerable adult or a child suffered abuse, the court may also request that the Department of Social Services (Child or Adult Protective Services) prepare a report based on its investigation. This report, and sometimes the caseworker who wrote the report, will be available to the judge and the parties at the final hearing.

Step 4: Appear for a Final Hearing

A final hearing is scheduled usually about one week after the entry of the temporary peace order. This last hearing is called the “final peace order hearing”.

At the final hearing, the Judge hears from the Petitioner’s side first. The Petitioner and any witnesses called will testify. The Petitioner may have an attorney. The Respondent, along with his or her attorney, will also be allowed to present their case. You should expect to be cross examined by a lawyer representing the Respondent. The Respondent then presents his or her evidence. If the Judge finds by a preponderance of evidence that the Respondent has committed acts entitling you to relief, then a final order is issued.

If the Respondent has offered proof that he or she did not abuse the Petitioner, then the judge will deny the Petition.

Proof

If you have been injured by the act of someone else, you should provide photographs or medical reports of your injuries to the Judge. In addition, you should preserve any electronic evidence which is relevant to your case. This may include voicemails, text messages or emails.

Penalty for Providing False Information

All of your statements in the Petition and in court are made under oath. If your statements are false, you could be prosecuted for filing a false statement. A person found guilty of filing false information is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 90 days or both. (see Md. Courts and Judicial Proceedings Code Ann. § 3-1503.1)

Duration of an Order

An interim peace order may last one to two days.

A temporary peace order lasts for about one week or until the hearing for the final peace order occurs.

A final peace order may be effective for a period not to exceed 6 months, unless extended pursuant to a modification. The order should state the maximum time for which the order is effective.

Modifying, Terminating, or Extending Peace Orders

Anytime during the existence of an order, the Petitioner may file a request to have the order extended, terminated, or modified.

Section 4. Types of Relief Provided by the Court

In this section:

  • Standards of Proof
  • Types of Relief -Interim and Temporary Peace Orders
  • Types of Relief -Final Peace Orders

______________________

Standards of Proof

There are varying degrees or standards of proof required for each type of peace order. To determine the type of peace order and necessary levels of protection for the Petitioner, the Judge will review the evidence presented from both the Petitioner and the Respondent.

To issue an interim or temporary peace order the Court must find reasonable grounds-meaning that the Judge must find that reasonable grounds exist to believe that the Respondent abused the Petitioner.

Final peace order cases in Maryland require the Court to find by a “preponderance of the evidence” that the alleged abuse occurred. This phrase means that the Court must find that the commission of the abuse was more likely than not to have occurred. Another way to think about the standard of proof in a final peace order case is that there is a 51% likelihood the alleged conduct occurred. (Proof beyond reasonable doubt is calculated at a higher than 90% likelihood.)

The Court has the power to offer the following relief to a Petitioner who has prevailed at each stage of the process.

Types of Relief – Interim and Temporary Peace Orders

In an interim or temporary peace order, a Judge can order the abuser to:

  • Stop abusing you or threatening to commit any act against you.
  • Stay away from you and do not try to contact or harass you at your home, school, job, or the place where you may be staying, stay away from your child’s school, and from your family members’ homes.
  • Stay out of your house and your surrounding property.

(Source: Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 3-1504)

Types of Relief – Final Peace Orders

In a final peace order, a Judge can order any of the above, and can also:

  • Order the respondent to refrain from committing or threatening to commit any abusive act against the petitioner.
  • Order the respondent to refrain from contacting, attempting to contact, or harassing the petitioner.
  • Order the respondent to refrain from entering the residence of the petitioner.
  • Order the respondent to remain away from the place of employment, school, or temporary residence of the petitioner.
  • Direct either party to participate in professionally supervised counseling or, if the parties are amenable, mediation.
  • Order either party to pay filing fees and court costs.
  • Order any other relief that the Judge determines is necessary to protect a person eligible for relief from abuse.

(Source: Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 3-1505)

Section 5. For Respondents: Were You Falsely Accused of Abuse?

In this section:

  • Basic Strategies for Respondents
  • Consenting to a Peace Order

______________________

Basic Strategies for Respondents

Without sufficient proof of abuse, a Judge will not issue an order against you. If you believe the Petitioner has falsely filed this action against you, you have the right to offer proof of your lawful conduct at the hearing. This proof could consist of favorable email or text messages, as well as the presentation of witnesses on your behalf.

In addition, if you have been named as a Respondent in a peace or protective order case, remember that you could also be facing criminal charges for the same acts. In addition, if the police attempt to interview you, they may well use whatever information or explanations you give them against you in either the criminal or restraining order case.

Second, do not text or leave voice mail messages.

Third, preserve (do not delete or destroy) any evidence like electronic messages or other proof which might assist you in proving your defense in court.

Fourth, there are also situations in which you could draft a private agreement between yourself and the Petitioner. These agreements can help you avoid the many risks that come about from the public disclosure of your peace or protective order matter.

These private agreements consist of a contract between you and the Petitioner to prohibit contact between each other, for example, and which provide for financial penalties for any violation. Private agreements thereby avoid the risk that a court order could be issued against you.

There are many other strategies which you can employ to provide you with the best chances of success. Your lawyer will help you with these.

Consenting to the Entry of a Peace Order

Consider consenting to the entry of a peace order. Consenting to the entry of an order means that you have consented to all of the prohibitions referred to in Section 4 against you. It also means that the court has not made any findings of abuse against you.

Consenting also avoids your having to testify in court. There are advantages and disadvantages with this approach. If you consent to the entry of an order, however, you give up your right to appeal the decision of the District Court.

Consult with your lawyer to decide on the best approach, as a solution depends upon the circumstances surrounding your particular case.

Section 6. Personal Jurisdiction – Can a Maryland Court Issue a Peace Order Against Me If I Don’t Live Here?

In this section:

  • Personal Jurisdiction

______________________

Personal Jurisdiction

If the Respondent has not had any contact with Maryland and the act of violence or harassment which Petitioner has raised did not occur in Maryland, Maryland Courts may lack the power to hear the peace order Petition. This is so even if the Petitioner resides here. This is called “lack of personal jurisdiction over the party”.

Pursuant to Md. Courts and Judicial Proceedings Code Ann. § 6-102, the Court may exercise personal jurisdiction over a Respondent “domiciled in, served with process in, organized under the laws of, or who maintains his principal place of business in the State.” In order for a Petition to be entertained by a Maryland court for abuse that occurred outside the State, the court must determine that evidence of a connection between Respondent and Maryland exists. (Md. Courts and Judicial Proceedings Code Ann. § 3-1503) In a situation where the Respondent does not live or have a business relationship with the State, the nonresident has the right to ask the Maryland Court to dismiss the Petition for Peace Order because Maryland lacks personal jurisdiction over the Respondent.

(See §3-1501, Maryland Courts and Judicial Proceedings Article for Peace orders and §4-501, Maryland Family Law Article for Protective Orders)

Section 7. Basic Strategies for Petitioners

In this section:

  • Basic Strategies for Petitioners

______________________

Basic Strategies for Petitioners

Undoubtedly, the circumstances in which you choose to file a petition for a peace order will be stressful for you and your family. This section offers just a few basic strategies for Petitioners to help navigate through the uncertainty of going to court. Other effective strategies are too numerous to mention here. They depend on the facts of your individual case.

First, enlist a friend, relative, or therapist to support you. If you can afford an attorney, hire one.

Second, take safety precautions such as changing the locks to your home.

Third, safely secure any electronic devices and any physical evidence that you will need to provide to the Court.

Fourth, secure your finances. Secure financial records such as W2s, pay stubs, bank records, and online banking passwords. These documents will be helpful in filling out forms and requesting EMF assistance if necessary.

Fifth, draft a summary of all of the events leading to the filing of the Petition to assist your lawyer in court.

Finally, before you return home or go to a place where the Respondent might be located, make sure the order has been served. You can find this out by contacting the law enforcement agency that serves the orders in your area.

Some of these strategies may also apply to respondents.

Section 8. Recording Conversations: Maryland’s Wiretap Statute

In this section:

  • Recording Conversations: Maryland’s Wiretap Statute

______________________

Recording Conversations: Maryland’s Wiretap Statute

In many jurisdictions, a person can record a conversation without the consent of the other party. However, pursuant to Md. Courts and Judicial Proceedings Code Ann. § 10-402, it is illegal for a person to record a private conversation unless every person who is a party to the conversation has given prior consent. A private conversation would include a phone call or words spoken in a private residence. It would not include a public speech or loud conversation that can be freely heard by the general public. Nor a video without sound , unless it serves to invade the privacy of that person. Violation of this law is a felony that could result in a prison sentence of up to five years, a fine of $10,000.00, or both upon a conviction.

In order to use the recording of a conversation in a Maryland Court, there must be some evidence that all parties have been informed prior to the conversation that it is being recorded, and that all parties have consented to the recording. There are some exceptions to this rule. For example, if a police officer or a person acting under the supervision of a police officer records a conversation in the course of an investigation, that conversation may be used in Court. In addition, a video recording may be used in Court provided there is no audio or other oral communication (Ricks v. State, 312 Md. 11). In addition, there is no law prohibiting video surveillance (Holmes v. State, 236 Md. App. 636). Also, if the person being recorded is speaking so loudly that there is no reasonable expectation of privacy to their conversation, then recording it does not violate Maryland’s wiretap statute. (Malpas v. State, 116 Md. App. 69)

These strategies apply equally to either petitioners or respondents

Section 9. Use of Cell Phones to Record Your Abuser: Good or Bad Idea?

In this section:

  • Use of Cell Phones to Record Your Abuser: Good or Bad Idea?

______________________

Use of Cell Phones to Record Your Abuser: Good or Bad Idea?

Is it a good idea to record conversations with a person who is committing acts of violence or harassment against you? Should you record conversations or acts of the other person to protect yourself from them bringing up false allegations that you committed acts of abuse or harassment? At first glance, it would seem like a good idea to have an audio and/or video recording of the behavior that is the basis for your Petition for a Peace Order. However, it is not that simple.

Before you whip out a cell phone or turn on the camera, it is essential to find out if it is legal to record an audio or video of the behavior of the offending party. While you may want this kind of evidence for your case, you do not want to do anything that would be inadmissible in Court, or worse, is a violation of law that could result in a fine or even incarceration. Once you have determined what is legal to record, you must then decide whether you are helping or hurting your case by legally recording the behavior. There are some “pros” and some “cons” that you should consider:

Pros:

  • Obtaining footage of another person committing acts of violence or harassment could be useful in Court to demonstrate what took place and the intensity of the behavior.
  • Obtaining footage of your emotions to the violence or harassment at the time of the event may be useful in Court to demonstrate the harm you suffered.
  • Obtaining footage of the entire incident(s) could be useful in Court to rebut any claims by the other party that you were somehow also involved in similar or contributory behavior.

Cons:

  • Using a phone to record someone while they are talking to you can often arouse feelings of anger or irritation by the person being filmed. This is understandable as no one wants to be spied on or recorded against their will. In this way, video often escalates the tension between the parties.
  • By using your phone to film someone, you may appear to be the one setting the stage for conflict and seen by the judge as an aggressor, thereby diminishing your claim of being a victim to unjustified behavior.
  • By using your phone to record an event, it may result in the other person “curbing” his or her bad behavior, thereby looking more favorable to the Court.

While it is true that audio and/or video presentations can be powerful pieces of evidence, it is important to know the legality of your act of recording an event and to weigh the pros and cons before attempting to obtain this kind of evidence to use in Court.

Section 10. Can Social Media Postings Jeopardize Your Case?

In this section:

  • Can Social Media Postings Jeopardize Your Case?

______________________

Can Social Media Postings Jeopardize Your Case?

In Maryland, social media postings are generally admissible in Court under Maryland Rule 5-901, provided that it can be authenticated to be what its proponent claims it to be. A vast majority of Americans have some presence on Facebook, Instagram, Twitter and similar social media outlets. By their nature, social media postings are not private and are fair game for being introduced in Court. It is important not to post anything on social media about your feelings, attitudes, or opinions of the Respondent in a Peace Order case. Such postings may hurt your case in court, particularly if it appears that you harbor grudges against the other party or if it appears in your social media presence that you have some kind of obsession with the Respondent. Once you decide to take your case to Court, it is prudent to refrain from any social media postings about the case while it is still before the Court.

Section 11. Organizing Text Messages for Your Lawyer

In this section:

  • Organizing Text Messages for Your Lawyer

______________________

Organizing Text Messages for Your Lawyer

With the prevalence of cellphones, and the fact that texting is almost a more common form of communication than a phone call, text messages have become a staple in court hearings, particularly in Peace Order hearings. Text communications with the Respondent are germane to the case and are admissible under the Maryland Rules of Evidence with proper authentication. Text messages can help to prove abuse or harassment by their content, volume, and regularity. However, when there is a long history of text messaging, or numerous parties with germane texts, it might be helpful to be able to organize your text messages with software designed for this task.

A Google search will generate apps and programs for organizing your text messages into files on your computer. Many of these programs are available in apps that are compatible for both Windows and Mac computers. Some of these programs are free and there are often “how-to” videos that make the process easy. Since the pertinent text messages are located on your phone, organizing them serves as a worthwhile task to assist your attorney and the judge during the trial of your case. Since text messages can be powerful pieces of evidence to prove a Peace Order case, it is often worth investing the time in compiling and organizing text messages for use in Court.

Section 12. Preparing to Testify: YouTube Primers

In this section:

  • Preparing to Testify: YouTube Primers

______________________

Preparing to Testify: YouTube Primers

Testimony given under oath in a Maryland Court is considered evidence, and the trier of fact (judge) will come to a decision based in part on this evidence. Effectively expressed testimony often serves as a power persuader in Court. If you want to be effective as a witness, you need to project truthfulness and believability to the judge.

There are many ways for you to get comfortable in your role as a witness who is about to testify in Court. The best way to improve involves practicing with your attorney. You may also wish to watch some of the many fine instructional videos on the Internet dealing with the subject of testifying at trial. There are a number of useful videos on YouTube, for example, that are free and provide simple concepts and tips, such as speaking up and speaking slowly, listening to the question before you answer, and speaking in a conversational tone so that you do not appear to be rehearsed or stilted. While there are usually many pieces of evidence presented at a hearing, the testimony of the parties is crucial to any case. Communicating your story to the Court effectively is vitally important to your case.

Section 13. Violation of a Peace Order

In this section:

  • Violation of a Peace Order

______________________

Violation of a Peace Order

If a Respondent violates any of the terms of a peace order, for a first offense, may be given a fine not exceeding $ 1,000 or imprisonment not exceeding 90 days or both; and for a second or subsequent offense, a fine not exceeding $ 2,500 or imprisonment not exceeding 1 year or both.

Section 14. Shielding of Peace Order

In this section:

  • Shielding of a Peace Order

______________________

Shielding of a Peace Order

Under certain circumstances, the person against whom a peace or protective order case was filed can keep the public from seeing information about the case. If the peace or protective order was denied or dismissed, either can file a Request to Shield Records. If fewer than three years has passed since the date of the denial or dismissal, the Respondent must also file a General Waiver and Release. Your signing this release means that you’ve given up your right to sue the other party for any act arising in this case. The Respondent must mail a copy of the petition to the Petitioner, or the court may serve it if you do not know the address of the other party.

Once the Court receives the Petition to Shield, it will schedule a hearing. Both the Petitioner and the Respondent will receive a Notice of the hearing, and both parties have a right to be present at the hearing.

The Court will grant the shielding request if all of the following are true: (1) the petition was denied or dismissed at either the interim, temporary, or final stage; (2) that a final protective order or peace order has not been previously issued against the Respondent in a proceeding between the Petitioner and the Respondent; (3) that there is not currently pending an interim or temporary protective order or peace order issued against the Respondent in a proceeding between the Petitioner and Respondent; and that there is not currently pending a criminal charge against the Respondent arising from the alleged abuse against the Petitioner.

If the Petitioner shows up at the hearing, he/she will be given an opportunity to explain why the Respondent’s Petition should be denied. The Court may deny the shielding for good cause. In determining whether good cause exists, the Court will balance the privacy of the Respondent and the potential danger of adverse consequences to the Respondent against the potential risk of future harm and danger to the Petitioner and the community.

Consented to orders. These orders may be shielded; however, there are now special rules which apply to whether and when a court will grant a petition to shield a final order to which the parties consented. You will need to consult with an attorney to learn more about this process.

Section 15. Can Peace Orders Be Filed Against a Child, and Where Do I File One?

In this section:

  • Can Peace Orders Be Filed Against a Child, and Where Do I File One?

______________________

Can Peace Orders Be Filed Against a Child, and Where Do I File One?

Adults are not the only people whose behaviors might warrant the issuance of a Peace Order. Juveniles can also be responsible for engaging in courses of conduct that are threatening or harassing and meet the criteria for a peace order. However, when it comes to misconduct by a juvenile, a victim must go to the Department of Juvenile Services and not the Courts to begin the process: a Peace Order is just one of many tools the Department can employ to address misconduct by a juvenile.

There is no law in Maryland that allows for the filing of a Protective Order against a juvenile.

The procedure for requesting a peace order against a juvenile is found in Md. Courts and Judicial Proceedings Code Ann. §3-8A-19.1 et seq. While many of the requirements and procedures mirror those required for adults, the primary difference between peace order procedures for adults and peace order procedures for juveniles consists of the requirement that filing a case against a juvenile must take place in Juvenile Court. In most counties, Circuit Courts hear juvenile cases and not the District Courts.

Accordingly, a Petition for a Peace Order is filed in the Circuit Court Sitting as a Juvenile Court. Similarly as with adult peace orders, the victim of the juvenile’s behavior must document that within the 30 days prior to the filing of the petition, the juvenile engaged in one or more of the specific behaviors listed in Md. Courts and Judicial Proceedings Code Ann. §3-8A-19.1(b)(1).

However, instead of filing a Petition, the victim would meet with an intake officer from the Department of Juvenile Services who makes an inquiry. DJS may or may not include an interview with the child who is the subject of the complaint Within 25 days of receiving the complaint, it must make a decision to either authorize the filing of a juvenile petition for delinquency, a Juvenile Peace Order Request or both, propose an informal adjustment of the matter It may simply refuse to file a petition.

If a Petition for a Peace Order is filed in the Court, the juvenile respondent as in adult court, responds to the allegations. If the Court finds by clear and convincing evidence that the juvenile has committed and is likely to commit any of the enumerated acts against the victim, or if the juvenile simply consents to the entry of a peace order, then the Court will issue an order that contains the relief that is minimally necessary to protect the victim and it shall be in effect for up to six months. The order may be modified or rescinded at any time during the pendency of the order and by the court.

If a juvenile violates a peace order, it is not considered a crime but a delinquent act. Since all proceedings involving a juvenile are held in the Circuit Court acting as a Juvenile Court, they are confidential and not subject to public dissemination; as such a juvenile peace order case will not appear on Maryland Judiciary Case Search. However, it will be contained as part of the juvenile’s record and copies of all Orders will be provided to the victim(s) in the case.

Final Thoughts

Whether you are a Petitioner or a Respondent, every case is different, and there is no single right way to handle your case. Thoughtful preparation of your case before any court appearance will always give you the best chance of success.

Marc Emden, 2022

If You Want to Consult With Me About Your Case, Please Schedule a Consultation

General Questions
Fill Out The Following Form