If you are experiencing harassment, threats, or fear for your safety, securing a restraining order (also known as a protective order) can be a critical step toward protecting yourself and your loved ones. A protective order is a legal document that prohibits someone from contacting or approaching you, and it allows for intervention of law enforcement, and legal enforcement by the court, if that order is violated.
This guide will walk you through how to get a restraining order in Maryland and Washington, D.C., the types of restraining orders available, and the steps involved in the process.
What Is a Restraining Order and Who Can Get One?
A restraining order is a court-issued legal document that restricts someone (the respondent) from contacting or coming near the person seeking protection (the petitioner). These orders are commonly used in cases of domestic violence, stalking, harassment, and threats of harm.
In Maryland and Washington, D.C., different types of restraining orders are available depending on the nature of the relationship between the petitioner and the respondent. These are civil actions, not criminal, so while you have the burden of proving the abusive and threatening behavior, it doesn’t need to be proven beyond a reasonable doubt. And while they are civil actions, restraining orders can have criminal consequences if violated.
Types of Restraining Orders in Maryland and Washington, D.C.
Understanding the different types of restraining orders will help you determine which one applies to your situation.
1. Protective Orders (For Domestic Violence Cases)
Who Qualifies?
- Spouses, ex-spouses, or romantic partners
- Parents, children, or other family members
- Individuals who share a child
- People who lived together for at least 90 days in the past year
What Does It Do?
- Orders the abuser to stop harassment, threats, or abuse
- Requires the abuser to stay away from the victim’s home, workplace, or school
- May grant temporary custody of children to the petitioner
2. Peace Orders (For Non-Domestic Situations in Maryland)
Who Qualifies?
- Neighbors
- Co-workers
- Acquaintances
- Strangers
What Does It Do?
- Orders the respondent to stop harassing, stalking, or threatening the victim
- Requires the respondent to stay away from the victim’s home or workplace
- If violated, a contempt action can seek imprisonment of the respondent
3. Stay-Away Orders (Washington, D.C. Equivalent to Peace Orders)
Who Qualifies?
- Individuals experiencing harassment, stalking, or threats
- Anyone who fears for their safety, regardless of relationship with the respondent
What Does It Do?
- Prohibits the respondent from making contact with the petitioner
- Restricts access to shared places (workplace, school, home)
Step-by-Step Guide to Getting a Restraining Order in Maryland
If you believe you need legal protection, follow these steps to obtain a restraining order in Maryland.
Step 1: Determine Which Order You Need
- If the abuser is a family member, spouse, or romantic partner, apply for a protective order.
- If the harasser is not a family member or partner, apply for a peace order.
Step 2: Gather Evidence
To strengthen your case, collect supporting documentation such as:
- Police reports
- Photos of injuries or property damage
- Text messages, emails, or voicemails
- Witness statements
- You can continue to collect evidence after filing, so if you are in imminent danger, don’t delay your filing, but be aware that you carry the burden of proof.
Step 3: File the Petition
You can file for a protective order or peace order at:
- District Court (for standard cases)
- Circuit Court (for cases involving children or more complex issues)
- Commissioner’s Office (after business hours or for emergency orders)
Step 4: Obtain a Temporary Protective Order
- If you are in immediate danger, a judge may issue a temporary order (valid for up to 7 days) before the final hearing.
Step 5: Attend the Court Hearing
- Both parties must appear before a judge.
- If the judge grants the restraining order, it is typically valid for up to one year and may be extended if necessary.
Step 6: Enforce the Order
- Keep a copy of the restraining order with you at all times.
- If the respondent violates the order, call the police immediately.
How to Get a Restraining Order in Washington, D.C.
The process in Washington, D.C., is similar but has some key differences.
Step 1: Determine Which Order You Need
- If the abuser is a family member, spouse, romantic partner, cohabitant, or someone with whom you share a child, apply for a civil protective order. You may also be eligible to file a civil protective order if the abuse or attack was made against an animal in your care, or if you are a sexual assault or trafficking survivor.
- If the harassment includes stalking, you can apply for an Anti-Stalking Order.
- If you don’t fall within either of the above categories, but you fear an individual will present a danger to themselves or others through possession of a firearm, apply for an Extreme Risk Protection Order.
Step 2: File a Petition
- File your request at the Superior Court of the District of Columbia.
Step 2: Request a Temporary Order
- If you are in immediate danger, a judge may grant a 14-day temporary stay-away order.
Step 3: Attend a Hearing for a Final Protective Order
- A judge will hear both sides and decide whether to grant a long-term protective order (up to one year).
Step 4: Enforce the Order
- If the respondent violates the order, contact law enforcement immediately.
Common Challenges and How to Overcome Them
1. The Abuser Ignores the Order
- A restraining order is legally enforceable; violating it can result in arrest.
- Keep records of any violations and report them to the police immediately.
2. Lack of Evidence
- Document every incident of harassment or abuse.
- If possible, get witness statements and security footage to strengthen your case.
3. Fear of Retaliation
- Consider changing locks, phone numbers, and social media settings to enhance your security.
- Seek support from local domestic violence organizations for safety planning.
If you need legal assistance, contact our team today.
Take Action to Protect Yourself
If you are experiencing threats, harassment, or abuse, don’t wait to seek legal protection. Understanding how to get a restraining order in Maryland or Washington, D.C., can be the first step toward regaining your safety and peace of mind.
At the Law Offices of Tina Sharma, we help individuals navigate the restraining order process with compassion and legal expertise. If you need assistance filing for a protective order or peace order, contact us today for a confidential consultation.
Call us at (202) 640-4257 or Schedule a strategy session
Your safety is our priority. Let us help you take the next step toward protection.
