Restraining Orders

You can be eligible for a protective order if you or your minor child has been the victim of abuse by:

• your current or former spouse;¹
• someone with whom you had a sexual relationship and with whom you lived for at least 90 days during the one-year period before you filed for the protective order (a “cohabitant”);²
• someone with whom you had a sexual relationship at some point in the one-year period before the filing of the petition even if you never lived together;
• someone related to you by blood, marriage, or adoption; or
• someone with whom you have a child in common.¹

You can also file against anyone who committed or attempted to commit rape or a sexual offense against you within six months prior to filing the petition. Go to Selected Maryland Statutes, and read sections 3-303 through 3-308 for the definitions of rape and sexual offenses.³

Note: A parent, step-parent, child, or step-child of you or the abuser can file for an order if s/he lived with you or the abuser for at least 90 days during the one-year period before filing for the order.¹

A “vulnerable adult,”¹ which is an adult who lacks the physical or mental capacity to provide for his/her daily needs, can file for an order against any person regardless of their relationship who caused him/her physical injury as the result of cruel treatment or a malicious act.⁴

Any of the following people can file for a protective order for a minor child or vulnerable adult:

• the minor or vulnerable adult himself/herself;
• a person related to the child or vulnerable adult by blood, marriage or adoption;
• an adult who lives with the child or vulnerable adult;
• the state attorney for the county where the child or vulnerable adult lives or where the abuse took place; or
• the Department of Social Services in the county where the child or vulnerable adult lives or where the abuse took place.⁵

Note: If you are not eligible for a protective order, but you have been the victim of abuse and need protection, you may be eligible to file for a peace order.

¹ MD Code, Fam. Law § 4-501(m)
² MD Code, Fam. Law §§ 4-501(m); 4-501(d)
³ MD Code, Fam. Law § 4-501(m)(8)
⁴ MD Code, Fam. Law § 14-101(b), (q)
⁵ MD Code Family Law § 4-501(o)

The law says that any “person who is eligible for relief” can file for a protective order.¹  Therefore, a minor who meets the criteria in explained in Am I eligible for a protective order? Who can file the petition? should be able to file his/her own petition. However, to be certain that the court in your county interprets the law in this way to allow a minor to file his/her own petition, you may want to ask the court clerk or a lawyer in your county ahead of time.  To find courthouse contact information and attorney referrals, you can go to our MD Places that Help page.  

In addition, the following people can file on the minor’s behalf: 

• a person related to the minor child by blood, marriage or adoption;
• an adult who lives with the minor child;
• the state attorney for the county where the minor child lives or where the abuse took place; or
• the Department of Social Services in the county where the minor child lives or where the abuse took place.²

¹ MD Code Family Law § 4-501(m),(o)(2)(i)
² MD Code Family Law § 4-501(o)(2)(ii)