What is a Peace Order and How Can I Obtain One?
By: Z Family Law
We’ve previously covered the process for getting a protective order in Maryland, but what happens if you’re suffering abuse at the hands of someone who is neither an intimate partner nor related to you in any kind of familial way, such as a co-worker, neighbor, or a complete stranger? In Maryland, that’s where peace orders come in.
What is a Peace Order?
A peace order is a type of court-provided legal protection which can be obtained against an individual for specific reasons. If a person is having problems with a particular individual – because of harassment, intimidation, abuse, physical assault, etc. – that person can petition the court for a peace order. In some ways, a peace order resembles a protective order – or, “restraining order” as it’s commonly called in pop culture – because, like a protective order, peace orders are court-imposed restrictions which are intended to give a layer of security to an abused person. However, as we will discuss below, there are key differences between the two types of orders, and they shouldn’t be conflated with each other. Like a protective order, a peace order can be tailored to respond to a certain situation; the court, in other words, can require the respondent (the individual against whom the peace order was filed) to do various things, including keep a minimum distance from the protected person, avoid telephonic contact, avoid text messaging, etc.
Peace Order vs. Protective Order
Importantly, peace orders can only be obtained when the petitioner cannot obtain a protective order. In other words, eligibility for one necessarily renders the petitioner ineligible for the other. The critical difference is that protective orders may only be obtained against individuals with an intimate or family-like relationship – family or household members, former dating partners, former spouses, etc., or someone who has committed a sexual offense against the petitioner. Peace orders, by contrast, can be obtained against any person who is subjecting the petitioner to abuse, harassment, stalking, trespassing, malicious destruction of property, misuse of telephone or electronic communication, revenge porn, and/or visual surveillance.
Obtaining a Peace Order
In order to obtain a peace order, a petitioner must fill out form DC-PO-001 Petition for Peace Order, as well as a CC-DC-PO-001A Peace Order Addendum and DC-PO-1S Peace Order Supplement, and file these documents with the District Court clerk during regular business hours, or at the District Court Commissioner’s Office outside of business hours. A peace order must be filed within 30 days of the last incident of harassment, stalking, assault, etc.
If the documents are filed with the court during business hours, a temporary hearing will take place, and if a judge finds that the relationship between the parties and the events that occurred meet the standards for a peace order, they will grant a temporary peace order, which lasts for seven days (though the court can extend it in certain cases). If the documents are filed outside of business hours at the District Court Commissioner’s Office, an immediate interim hearing will be held where the commissioner can grant an interim protective order, which remains in effect for about two days, and then a temporary hearing will be scheduled.
After the temporary hearing, a final hearing will be scheduled. At this hearing, both parties will have the opportunity to present their case, and the petitioner bears the burden of proof for showing cause for the order. A peace order cannot be imposed without compelling evidence on which to base it. Be prepared to present concrete evidence to support your case. If the other party isn’t present, the judge may enter a “default order” against that respondent. The final peace order can include provisions that require the respondent to stop abusing, threatening, or harassing you; have no contact with you; stay away from your home, place of work, or school; require counseling and/or mediation, and require the respondent to pay fees and court costs.
A final peace order can last up to six months, though the court may extend it for up to an additional six months if deemed necessary.
If a peace order or protective order has been filed against you, it is important to understand that a peace order is not a criminal charge, and while you are not required to have an attorney, you are not entitled to a court-assigned public defender. Therefore, if you would like representation, it’s up to you to engage an attorney.
If you need help filing a peace order, or, if one has been filed against you, reach out to our qualified attorneys at Z Family Law today by calling 301-388-5528.