New Protective Order Laws

Peace and Protective Orders are civil orders issued by a judge that Orders one person to refrain from committing certain acts against others. The relationship between the Petitioner (person seeking protection) and the Respondent (person alleged to have committed the prohibited act) determines the type of Petition to be filed. Protective Orders generally apply to people in domestic relationships, such as spouses, boyfriends/girlfriends, children, relatives. Peace Orders are for other persons like neighbors, coworkers, other third parties who harass or are doing something that threatens the Petitioner.

On October 1, 2014, Maryland will relax the burden of proof required by a Petitioner seeking a Final Protection Order in a domestic violence case. The current standard of proof requires the Petitioner to prove by clear and convincing evidence. The new standard will lower the threshold to a less rigid preponderance of the evidence standard. This will result in making Protective Orders more accessible and attainable as most situations involve a “he said, she said” situation with little physical proof of a threat of eminent bodily harm.

Only time will tell whether this lower standard of proof will result in a greater number of Final Protective Orders.