Peace & Protective Orders

Protecting You & Your Family When You Feel Unsafe

If you are experiencing threats, harassment, stalking, abuse, or other conduct that makes you fear for your safety, you may have legal options to protect yourself and your family. A protective order can provide important legal protections and may restrict another person from contacting you, approaching you, or coming to your home, workplace, or other locations.

At the Law Offices of Schwartz & Arminavage, we understand that seeking a protective order can be an overwhelming and emotional experience. Our attorneys can help you understand your legal rights, navigate the court process, and take appropriate steps to protect yourself and your loved ones.

Please see below to learn more about the Peace/Protective Order process and whether hiring an attorney to represent you in court is in your best interest.

Protective Orders

What is a Protective Order?

A protective order is a court order designed to protect an individual from certain forms of abuse, threats, harassment, stalking, or other unlawful conduct. Depending on the circumstances, a protective order may prohibit the other person from contacting or communicating with you, coming near you, visiting your home or workplace, or engaging in other specified conduct.

Protective orders may be available in situations involving spouses, former spouses, dating partners, family members, household members, or other individuals.

When Should You Consider a Protective Order?

Every situation is different. We may be able to help if you have experienced:

Physical abuse or threats of physical harm
Domestic violence
Stalking or repeated unwanted contact
Harassment or intimidation
Threatening phone calls, texts, emails, or social-media messages
Conduct that causes you to reasonably fear for your safety
Abuse or threats involving your children
Attempts to monitor, control, or intimidate you
Other behavior that may qualify for legal protection under applicable law

How Does the Protective Order Process Work?

Generally, the process for obtaining a protective order includes filing a petition or application with the court explaining the circumstances that led you to seek protection.

In some circumstances, a judge may issue a temporary or emergency order before the other person has an opportunity to respond. A final hearing will then be scheduled where both parties have an opportunity to present evidence to the court.

Our attorneys can help you understand what to expect and prepare for each stage of the process, including:

Preparing and filing the appropriate documents
Presenting information and evidence to the court
Preparing for the final hearing
Responding to allegations made against you
Addressing questions involving children or parenting time
Explaining the terms and limitations of an order

Protective Orders and Child Custody

Protective-order proceedings can become particularly complicated when children are involved. A protective order may affect communication between parents, exchanges of children, parenting time, or other aspects of an existing or anticipated custody case.

If you are seeking protection for yourself or your children, or if someone has requested a protective order against you, it is important to understand how the proceeding may affect your family-law rights.

At Schwartz & Arminavage, we can help you address protective order issues while considering the broader circumstances of your custody or family law matter.

What If Someone Has Filed a Protective Order Against You?

A protective order is not necessarily the end of your ability to present your side of the story. If someone has sought an order against you, you should take the matter seriously and carefully review the restrictions that apply to you.

Do not violate the terms of an existing order, even if you believe the allegations are false or the order was improperly obtained. Instead, speak with an attorney as soon as possible about your options.

At Schwartz & Arminavage we help you prepare for the hearing, respond to the allegations, present relevant evidence, and understand what the order means for your contact with the other person or your children.

Talk to a Protective Order Attorney

If you are concerned about your safety or have been served with a protective-order petition, you do not have to navigate the legal process alone.

Contact Schwartz & Arminavage today to schedule a consultation with an experienced protective-order attorney.

Peace Orders vs. Protective Orders

Understanding the difference between a peace order and a protective order is an important first step.

Generally, protective orders apply to certain family, household, or intimate relationships, as well as certain sexual-assault situations. Peace orders generally apply to other relationships, such as those involving neighbors, coworkers, acquaintances, or strangers.

For example, if you are dealing with harassment from a neighbor, a peace order may be the appropriate legal remedy. If the person is a spouse, former spouse, certain family member, or someone with whom you have a qualifying intimate relationship, a protective order may instead be appropriate.

Because choosing the wrong type of proceeding can affect your ability to obtain relief, it is important to discuss your circumstances with an attorney before filing.

More questions? Visit our FAQs on Peace & Protective Orders.

FAQs

Peace Orders

What Is a Peace Order?

A peace order is a civil order issued by a Maryland court that can require another person to refrain from certain conduct and, in appropriate circumstances, stay away from or have no contact with the person seeking protection.

Peace orders are generally used when the parties do not have a relationship that qualifies for a Maryland protective order. Common examples can include disputes involving neighbors, coworkers, acquaintances, or strangers.

It is important to determine which type of order applies to your circumstances. Maryland law generally does not allow you to choose a peace order when your relationship qualifies you to seek a protective order.

When Can You Seek a Peace Order?

Depending on the circumstances, you may be eligible to seek a peace order if you have experienced conduct such as:

Abuse
Harassment
Stalking
Trespassing
Malicious destruction of property
Misuse of telephone or electronic communication
Revenge pornography
Visual surveillance
Other conduct covered by Maryland's peace-order laws

The specific facts of your situation matter when determining whether the legal requirements for a peace order have been met.

What If Someone Has Filed a Peace Order Against You?

If you have been served with a peace-order petition, it is important to take the matter seriously. Being named as the respondent in a peace-order case does not mean that you have been charged with a crime. A peace-order proceeding is a civil matter, but the resulting order can impose significant restrictions on your conduct.

If an order has already been issued, you should comply with its terms while you consider your legal options.

You may have the opportunity to challenge the allegations at a court hearing and present your own testimony and evidence. At Schwartz & Arminavage, we can help you understand the allegations, prepare for the hearing, and determine how best to respond to the petition.

Why You Should Work with an Experienced Attorney

Peace-order cases can move quickly and may have meaningful consequences for your personal and professional life. Whether you are seeking protection or responding to a petition, understanding the legal requirements and preparing properly for court can be critical.

An experienced attorney can help you:

Determine whether a peace order or protective order is appropriate
Prepare and review your court documents
Identify and organize relevant evidence
Prepare you for your hearing
Present your position to the court
Respond to allegations made against you
Understand the terms of an existing order
Address potential violations or requests to modify or extend an order

At Schwartz & Arminavage, we understand that peace-order matters often arise during stressful and highly personal circumstances. Our attorneys will work with you to understand what happened, explain your legal options, and help you navigate the Maryland court system.

Talk to a Peace Order Attorney

Contact Schwartz & Arminavage today to schedule a consultation with an experienced protective-order attorney.

Frequently Asked Questions

What is a peace order in Maryland?

A peace order is a civil court order that can provide protection from certain types of unwanted conduct, including harassment, stalking, threats, abuse, trespassing, and other conduct covered by Maryland law. A peace order may restrict the respondent from contacting or approaching the person seeking protection.

What is the difference between a peace order and a protective order?

The primary difference is the relationship between the people involved. Protective orders generally apply to certain family members, household members, spouses, former spouses, dating partners, and other qualifying relationships. Peace orders generally apply when the parties do not have a relationship that qualifies for a protective order, such as certain disputes involving neighbors, coworkers, acquaintances, or strangers.

Who can file for a peace order in Maryland?

A person who alleges that another individual committed an act covered by Maryland's peace-order laws may be able to file for a peace order. Whether you qualify depends on the circumstances and the relationship between you and the other person.

How long do I have to file for a peace order?

Generally, a peace-order petition must be filed within 30 days of the alleged act or acts. There are specific legal requirements governing the filing deadline, so you should speak with an attorney promptly if you believe you need a peace order.

How do I file for a peace order in Maryland?

Peace-order petitions can be filed in Maryland District or Circuit courts, as they have concurrent jurisdiction. You will need to provide information about the conduct that caused you to seek protection and complete the required court paperwork. At Schwartz & Arminavage, we can help you understand the filing process and prepare the necessary documents.

What happens at a peace-order hearing?

At a peace-order hearing, the parties may have an opportunity to present testimony, documents, photographs, communications, and other relevant evidence. The judge will consider the evidence and determine whether the legal requirements for a peace order have been established.

What happens if someone violates a peace order?

Violating a peace order can have legal consequences. If you believe someone has violated an order protecting you, you should document the alleged violation and consider contacting law enforcement or speaking with an attorney about your options. If you are subject to a peace order, carefully follow all of its terms.

How can a Maryland peace-order attorney help me?

An attorney can help determine whether a peace order is appropriate, prepare or respond to the necessary paperwork, gather and organize evidence, prepare you for court, and advocate for your interests during the proceeding.