Restraining Orders

After you or the abuser files a request to shield the records, the court will schedule a hearing. You and the abuser would both have the opportunity to attend the hearing and tell the judge why you think they should or should not shield the case records.

The judge can only agree to shield the records if:

• A final protective or peace order has never been issued against the abuser for you before;
• The abuser has not been found guilty of a crime related to abusing you;
• At the time of the hearing, there are no:
  • interim or temporary protective or peace orders against the abuser protecting you; or
  • criminal charges against the abuser involving you;¹ and
• The abuser did not disobey (violate) the protective order after agreeing to it .²

^​However, even if all of the above conditions are met, the judge could still deny the request if they believe there is a good reason (“good cause”) not to hide the records. The judge will consider:

• the privacy needs of the people involved in the case; and
• whether shielding the records could increase the risk of harm to you or to the community at large.³

¹ Md. Code, Family Law, § 4-512(d)(3)
² Md. Code, Family Law, § 4-512(e)(1)(i)
³ Md. Code, Family Law, § 4-512(d)(4)