Restraining Orders

The person filing for an extreme risk protective order is known as the petitioner. The person who the order is filed against is called the respondent.

You can file for an extreme risk protective order if the respondent shows an immediate and present danger of causing personal injury to themselves, you, or others by having firearms, and you are:

1. the respondent’s:

• spouse;
• “cohabitant,” which means you had a sexual relationship at some point and you lived together for at least 90 days during the past year;¹
• relative by blood, marriage, or adoption;
• co-parent;
• current dating or intimate partner;
• current or former legal guardian;² or

2. any of the following professionals:

• a law enforcement officer; or
• a medical professional who has examined the respondent, which includes a physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage or family therapist, or health officer or designee of a health officer who has examined the individual.²

¹ See Md. Code, Family Law, § 4-501(d); The People’s Law Library of Maryland, “Details on Who Is Eligible for a Protective Order”
² Md. Code, Public Safety § 5-601(e)