Restraining Order Attorneys in Maryland and Washington, D.C.
If you’re located in Maryland, here’s what you need to know about restraining orders and how we can help.
What Is a Restraining Order?
In Maryland, a restraining order is officially known as a Protective Order or a Peace Order, depending on your relationship with the person you're seeking protection from. These court orders are designed to protect people from abuse, threats, stalking, or harassment by legally requiring the offending party to stay away and cease contact.
A Protective Order usually applies in cases involving family or intimate partners, while a Peace Order applies to non-domestic relationships, like neighbors, co-workers, or acquaintances. Both are legally enforceable and can lead to criminal charges if violated.
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Different Types of Restraining Orders in Maryland
Maryland law recognizes two primary types of civil restraining orders:
1. Protective Orders
They are available to people who have a domestic relationship with the alleged abuser, such as spouses or former spouses, individuals who share a child, current or former cohabitants (for at least 90 days in the past year), and parents, stepparents, children, or stepchildren.
Protective Orders can be issued in three stages:
a) Interim Protective Order is granted by a commissioner when courts are closed.
b) Temporary Protective Order lasts up to 7 days; issued by a judge after a hearing.
c) Final Protective Order lasts up to 1 year (or longer in some cases), issued after a full hearing.
2. Peace Orders
They are available for people not eligible for a Protective Order but who still face harassment, stalking, or threats. Peace Orders apply to neighbors, strangers, co-workers, and roommates (not romantically involved).
Like Protective Orders, Peace Orders are issued as interim, temporary, and final orders, with a Final Peace Order lasting up to 6 months, extendable to 12 months in some circumstances.
What Qualifies for a Restraining Order?
Maryland law defines specific types of behavior that may qualify for either a Peace or Protective Order. You must prove that the person committed one or more of the following acts:
For a Protective Order:
- Assault
- Attempted rape or sexual offense
- Stalking
- False imprisonment
- Revenge porn
- Child abuse or abuse of a vulnerable adult
- Any act causing serious bodily harm or placing someone in fear of imminent serious
For a Peace Order:
- Harassment
- Trespass
- Malicious destruction of property
- Misuse of telephone or electronic communication
- Visual surveillance
- Indecent exposure
- Criminal offenses like assault or stalking not covered under domestic abuse
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Who Can Seek a Restraining Order?
In Maryland, you do not need a no contact order attorney to file for a Protective or Peace Order, but having an experienced attorney for restraining order by your side can greatly improve your chances of success, especially when facing someone who might be well-prepared or trying to discredit your claims.
You can petition for a Protective or Peace Order if:
- You are a victim of one of the qualifying acts mentioned above.
- The incident occurred within the last 30 days (for Peace Orders) or has an ongoing threat (for Protective Orders).
- You are willing to appear in court and testify under oath.
Minors may file for protective orders through a parent or guardian.
What Is the Best Way to Win a Restraining Order?
While the court may offer some leniency to self-represented petitioners, winning a restraining order in Maryland still requires strong evidence and a clear presentation of facts. At Colbert Law Firm, our lawyers for restraining order build solid cases by:
- Collecting and organizing evidence – texts, emails, voicemails, photos, police reports, witness testimony.
- Preparing you for your hearing – so you know what to expect and how to respond under pressure.
- Framing your testimony effectively – so the judge understands the ongoing risk or trauma involved.
- Advocating assertively in court, making sure your voice is heard and your safety is prioritized.
What Is the Burden of Proof for a Restraining Order?
The burden of proof in Maryland varies depending on the type of order and the stage of the case.
For Temporary Orders, the judge uses a "reasonable grounds to believe" standard. This is a lower threshold and meant to offer quick, short-term protection.
For Final Protective or Peace Orders, the standard is "preponderance of the evidence". You must show that it is more likely than not that the abuse or harassment occurred.
This means your case needs to be well-documented and credible. Colbert Law Firm helps ensure your petition meets these standards with persuasive, legally grounded arguments and thorough preparation.
Why Hire Our Restraining Order Attorneys in Maryland and Washington, D.C.
At Colbert Law Firm, we understand how personal and often painful these situations can be. Our role is more than just legal, we're here to support your safety and peace of mind.
Here's how we can help:
With 20+ years of experience, our restraining order attorneys in Maryland and Washington, D.C. have helped countless individuals take control of their situations with dignity, strength, and results. Whether you’re seeking protection from a former partner, a stalker, or someone threatening your well-being, we’re here to fight for you.
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We proudly provide legal services throughout Maryland, including Prince George’s County, Charles County, Howard County, Anne Arundel County, Calvert County, Baltimore City, Baltimore County, Montgomery County, and in Washington, DC.
If you’re looking for a Washington law firm or a Maryland law firm, we’re here to help.