Restraining Orders

Need a Restraining Order? Contact Our Waldorf Family Law Attorneys for Help.

In 2008, courts issued around 1.7 million restraining orders. These orders, also known as protective orders, are granted by courts to protect people from domestic violence, harassment, stalking, or sexual assault. If you’re concerned for yourself or your child, contact one of our Maryland family law attorneys to learn more about establishing a restraining order to protect yourself and your children.

What Maryland Residents Should Know About Restraining Orders

In Maryland, restraining orders are commonly called protective orders, but the public often uses both terms interchangeably. These court orders are designed to restrict a person from contacting or approaching another individual due to a credible threat of harm, harassment, or abuse. In many cases, these orders are critical for those experiencing domestic violence, stalking, or other threatening behavior.

Maryland law sets specific eligibility criteria for those seeking restraining orders. The filer must demonstrate a qualifying relationship with the other party and present convincing evidence of recent harmful conduct. Depending on the stage of the legal process and the urgency of the threat, these orders can be issued on an interim, temporary, or final basis.

Restraining orders are civil matters, but violating one carries criminal consequences. Respondents can face arrest, fines, or even jail time if they breach any part of the order, including indirect contact through third parties or social media.

Understanding the Legal Process and Requirements

The process begins when the petitioner files for an order at a Maryland district or circuit court or, in urgent cases, through a commissioner outside regular court hours. Interim restraining orders are often issued quickly to provide immediate relief until a judge can review the situation.

If a temporary order is granted, it typically lasts 7 days, during which time the court schedules a hearing. At this hearing, the judge listens to both parties and determines whether a final restraining order is appropriate. A final order can last up to one year, with the possibility of extension or, in some cases, an indefinite term.

The court will evaluate the severity and credibility of the alleged conduct. Physical abuse, credible threats, stalking, and repeated harassment are common grounds. In cases involving shared children, the court may include custody or visitation terms within the restraining order to limit risk and conflict.

It’s common for individuals facing a restraining order to feel overwhelmed, especially if the accusations are false or exaggerated. Legal representation is essential during this process. An attorney can help gather evidence, prepare testimony, and challenge unsupported claims. For those filing a petition, legal support ensures the court receives a clear and documented presentation of the threat or abuse.

A child custody lawyer in Waldorf, MD, can also be instrumental when restraining orders involve children, as these orders may directly influence custody or parenting time decisions in future proceedings.

How Restraining Orders Affect Daily Life and Legal Rights

Restraining orders impose severe limitations on the respondent. They may be required to:

• Move out of a shared residence
• Cease all forms of communication with the protected party
• Avoid specific locations such as schools or workplaces
• Surrender firearms or other weapons
• Comply with supervised visitation terms involving children

Even accidental contact can result in legal penalties for those under a restraining order. Courts view any violation—no matter how minor—as a potential threat to the protected party’s safety.

Restraining orders can also affect employment, especially in fields requiring background checks, firearm handling, or public trust. A divorce attorney in Waldorf can help clients understand the implications of an order and assist with minimizing disruptions to employment, custody, and other aspects of life.

Types of Restraining Orders

There are three types of protective orders issued by the court:

1. Interim protective order: This is used when the court clerk’s office is closed in both circuit and district courts. In an emergency, a nearby district court commissioner will issue an interim restraining order, which will last until a judge holds a hearing (usually within a couple of days). If the interim order expires before the court hearing, it is still effective until the next open day of court. Then the judge can hold a temporary protective order hearing.
2. Temporary protective order: This is granted during regular court business hours, and the abuser doesn’t need to be present when it is issued. A police officer will serve the abuser immediately after the order is granted. These orders last for 7 days, after which time a full court hearing will happen for a final protective order. If the hearing is delayed, the temporary order can be extended by the judge as needed, but by no more than 6 months.
3. Final protective order: A full court hearing is necessary for a final protective order to be issued. Both sides will present evidence and testimony before the judge. If the order is issued, it will usually last up to a year, unless otherwise stated. The order can be extended for 2 years if one of the following is true: You had a previous restraining order against the abuser that lasted for at least 6 months, but he/she abused you again within a year of the expiration of the old order; OR the abuser consents to the 2-year order within a year after the end of your old final protective order. Some circumstances allow for a protective order that lasts indefinitely.

Frequently Asked Questions

How long does a restraining order last in Maryland?
Final restraining orders typically last up to one year. Extensions are possible, and under specific conditions, the court may issue one that lasts indefinitely.

What should I bring to my court hearing?
Bring evidence such as text messages, emails, photos, police reports, or medical records. Witnesses can also help prove your case.

Can restraining orders affect parenting time?
Yes. Courts may issue temporary or long-term custody limits when a child is involved in a restraining order case.

What happens if someone violates the order?
Violations are criminal offenses. Law enforcement may arrest the respondent, and penalties can include fines, jail time, or further court restrictions.

Do I need an attorney for a restraining order case?
While not required, having an attorney can significantly improve your ability to present or defend against a restraining order. Legal counsel helps avoid errors and strengthens your position in court.

Can I get a restraining order for harassment without physical violence?
Yes. Harassment, stalking, or repeated unwanted contact may be enough if it causes emotional distress or fear for safety.

Is a restraining order public record?
Yes. These orders are accessible through court records unless sealed by a judge, which only happens under rare circumstances.

Can I file a restraining order on behalf of my child?
Yes. Parents or guardians can request a restraining order to protect a child, especially in situations involving domestic violence or threats of harm.

Areas We Proudly Serve

Our firm is committed to helping individuals throughout Southern Maryland with restraining order matters and related family law issues. We regularly assist clients in Waldorf, La Plata, St. Charles, White Plains, Prince Frederick, Fort Washington, Upper Marlboro, Leonardtown, Bowie, Mechanicsville, Hughesville, and Brandywine.

Contact Our Family Law Attorneys Today

If you’re under threat from an abusive partner, or your child is being threatened, don’t wait for the situation to escalate. If the abuser violates any part of the restraining order, he or she can be arrested and charged with a misdemeanor or felony. Call one of our experienced Waldorf restraining order attorneys today for a case consultation.

We also serve the following counties: Charles, St. Mary’s, Calvert, Prince George’s, and Anne Arundel.