When facing harassment, abuse, or threats, obtaining a peace order can provide the protection and legal recourse you need. A peace order is a civil protective order designed to prevent further harm by restricting contact between you and the individual causing distress. A peace order is a civil protective measure designed to prevent further harm by restricting contact, and this comprehensive guide on how to get a peace order will walk you through every step of the process. Below, we outline the step-by-step process for obtaining a peace order, offering clear guidance and essential details.
What Is a Peace Order?
A peace order is a legal tool available in many jurisdictions, particularly in Maryland, to safeguard individuals from harmful behavior. Unlike restraining orders, peace orders are typically used in non-domestic situations. They apply when the petitioner and respondent do not share a close familial or romantic relationship but involve disputes such as harassment from a neighbor, coworker, or stranger.
Who Can Apply for a Peace Order?
Peace orders are accessible to individuals who experience the following from another person:
- Harassment: Repeated, unwanted contact that causes fear or distress.
- Stalking: Persistent surveillance or following.
- Threats of harm: Direct or implied intentions to cause physical or emotional harm.
- Physical abuse or assault: Actual acts of violence or attempts to cause harm.
- Trespassing or property damage: Unlawful entry or deliberate destruction of property.
Peace orders are generally for non-family, non-household relationships. For family-related issues, domestic violence orders may be more appropriate.
Eligibility Criteria for a Peace Order
To successfully obtain a peace order, the following conditions must be met:
- Relationship Requirement: The respondent is not an immediate family member or cohabitant.
- Qualifying Acts: The behavior must fall under specific acts outlined by state law (e.g., harassment, abuse, trespass).
- Time Frame: The incident must usually have occurred within 30 days prior to filing the petition.
Steps to Obtain a Peace Order
1. Identify the Court of Jurisdiction
Begin by identifying the appropriate court to file your petition. In most cases, this will be the district court in your county or jurisdiction. Ensure that the court is authorized to issue peace orders.
2. Complete and File the Petition
- Obtain the peace order petition form from the courthouse or online court resources.
- Fill out the petition, providing detailed information about the respondent and the incidents prompting your request.
- Include specific dates, times, and evidence of harmful acts to substantiate your claim.
- Submit the completed petition to the clerk of the court. A nominal filing fee may apply, but fee waivers are often available.
3. Attend the Interim Hearing
Once the petition is filed, an interim hearing may be held to evaluate the urgency of your request.
- A judge will review your petition and may issue a temporary peace order if immediate protection is warranted.
- This order lasts until a scheduled final hearing.
4. Serve the Respondent
The respondent must be formally notified about the peace order petition. This step, known as service of process, is handled by law enforcement or an authorized third party. The respondent will receive:
- A copy of the petition.
- Notice of the hearing date.
- Any temporary order issued by the court.
5. Prepare for the Final Hearing
The final hearing determines whether a permanent peace order will be issued. To strengthen your case:
- Gather evidence, such as text messages, emails, photographs, or witness testimonies.
- Be prepared to describe the incidents in detail, demonstrating how they meet the legal criteria.
- Consult an attorney if necessary for legal representation or advice.
6. Attend the Final Hearing
During the hearing:
- The petitioner and respondent present their cases before a judge.
- Evidence and witness statements are examined.
- The judge decides whether to grant a final peace order based on the evidence and testimony.
7. Understand the Terms of the Peace Order
If granted, the peace order may include provisions such as:
- Prohibiting contact: No phone calls, emails, texts, or in-person interactions.
- Restricting proximity: Maintaining a specific distance from your home, workplace, or other locations.
- Banning threats or additional harmful actions.
Duration and Enforcement of a Peace Order
Temporary vs. Final Peace Orders
- Temporary Peace Order: Issued immediately after filing and lasts until the final hearing, usually within seven days.
- Final Peace Order: Can last up to six months, with the possibility of extensions upon request.
Enforcement
Violating a peace order is a criminal offense. If the respondent breaches the terms, report the violation to law enforcement immediately. The court may impose fines, probation, or jail time on the violator.
What to Do If Your Petition Is Denied
In rare cases, a peace order petition may be denied due to insufficient evidence or procedural issues. If this occurs:
- File an appeal: Request a review of the decision in a higher court.
- Seek alternative remedies: Explore other legal protections, such as trespass warnings or mediation services.
Tips for Success When Applying for a Peace Order
- Document Incidents Thoroughly: Maintain detailed records of dates, times, and descriptions of harmful acts.
- Leverage Witnesses: Witness statements can corroborate your claims and strengthen your case.
- Remain Calm and Professional: Present your case clearly and confidently in court.
- Seek Legal Advice: Consult an attorney to navigate the process and ensure compliance with legal requirements.
Understanding how to get a peace order is essential for protecting yourself in situations involving harassment, threats, or abuse. By following the outlined steps and preparing thoroughly, you can secure the legal protection you need to restore your sense of safety and peace.
