PEACE ORDER (CJ 3-1501 et. seq.)
What is a Peace Order?
A Peace Order is a form of relief available to individuals who are experiencing
problems with another person.
Who is eligible to file for a Peace Order?
Individuals who are experiencing problems with another person, including
someone in a dating relationship, a neighbor, or a stranger. (Note:
A person who is eligible for a domestic violence Protective Order cannot
file for a Peace Order.)
What must occur for a Peace Order to be issued?
An act that causes serious bodily harm.
An act that places the Petitioner in fear of imminent bodily harm.
Assault in any degree.
Rape or sexual offense.
False imprisonment.
Harassment.
Stalking.
Trespassing.
Malicious destruction of property.
Is there a time limit to file?
Yes. The act must have occurred within 30 days of filing the petition.
What kind of relief is available in a Peace Order?
The Judge may order the Respondent to refrain from threatening or committing
a prohibited act, end all contact, stop harassing, and stay away from
the Petitioner's home, place of employment, school, or temporary residence.
The Judge may also order counseling for the Respondent, the Petitioner,
or both. The Judge may also order mediation if the Petitioner and the
Respondent agree. In addition, the Judge may order either party to pay
filing fees and costs.
How long does the order last?
Up to six months.
PROTECTIVE ORDER (FL 4-501 et. seq.)
A protective order is a form of relief given to individuals who are
experiencing abuse.
Who is eligible for Relief?
The current or former spouse. A cohabitant - someone who has lived with
the Respondent as a sexual partner in the same home for at least ninety
(90) days during the past year. A person related to the Respondent by
blood, marriage, or adoption. A parent, stepparent, child, or stepchild
who resides or has resided with the Respondent or Victim for 90 days
within the past year. A vulnerable adult - defined as an adult who lacks
the physical or mental capacity to provide for his or her own daily
needs. An individual who has a child in common with the Respondent.
A person eligible for a protective order cannot file for a peace order.
What must occur for someone to file?
An act that causes serious bodily harm.
An act that places one in fear of imminent serious bodily harm to self
or others.
Assault in any degree.
Rape or sexual assault, or attempted rape or sexual assault as defined
by law.
False imprisonment.
Does it cost anything to file?
No.
What kind of relief is available in an Ex Parte Order for Protection from Abuse?
Refrain from threatening or committing abuse.
End all contact with the victim.
Order the Respondent to stay away from victim's home, place of employment,
or school.
Award temporary use and possession of home to the victim.
Award temporary custody of children to victim.
Is a hearing set after the Judge issues the Ex Parte Order for Protection
from Abuse?
Yes, within seven days from the date the Respondent was served the petition.
What can happen at the hearing?
A Protective Order may be granted or denied by the Judge.
