PROPOSED FINAL DOMESTIC VIOLENCE PROTECTIVE ORDER
(Maryland Family Law Article, Title 4, Subtitle 5)
[// GUIDANCE: This template is intentionally expansive to accommodate a wide range of factual scenarios. Delete inapplicable provisions before filing. All bracketed items require attorney customization.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties / Findings
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation (N/A)
- Dispute Resolution & Continuing Jurisdiction
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. Final Protective Order (the “Order”).
1.2 Court & Case Information. Issued by the [Circuit / District] Court for [COUNTY], State of Maryland, Case No. [CASE NUMBER] (the “Court”).
1.3 Parties.
a. Petitioner: [PETITIONER FULL LEGAL NAME], DOB [MM/DD/YYYY], residing at [ADDRESS].
b. Respondent: [RESPONDENT FULL LEGAL NAME], DOB [MM/DD/YYYY], residing at [ADDRESS].
1.4 Recitals.
a. On [DATE], Petitioner filed a Petition pursuant to Md. Code Ann., Fam. Law §§ 4-501 et seq. alleging that Respondent committed acts of “Abuse” as defined in § 4-501(b).
b. After notice and an opportunity to be heard, the Court finds, by the preponderance of the evidence, that Respondent committed Abuse against Petitioner and/or a person eligible for relief.
c. The Court therefore enters this Order to protect the safety and welfare of Petitioner and any additional Protected Persons identified herein.
1.5 Effective Date; Duration. This Order is effective immediately upon the date and time indicated in the Execution Block and shall remain in force until [EXPIRATION DATE—UP TO 12 MONTHS, OR 2 YEARS IF AGGRAVATED CIRCUMSTANCES], unless modified or rescinded pursuant to law.
1.6 Jurisdiction & Governing Law. This Order is governed by Maryland domestic-violence law (Md. Code Ann., Fam. Law Title 4, Subtitle 5) and enforced exclusively in the state family courts of Maryland.
2. DEFINITIONS
For purposes of this Order, the following capitalized terms have the meanings set forth below:
“Abuse” has the meaning assigned in Md. Code Ann., Fam. Law § 4-501(b).
“Court” has the meaning stated in Section 1.2.
“Firearm” includes any regulated firearm as defined in Md. Code Ann., Pub. Safety § 5-101(r).
“Protected Persons” means (i) Petitioner; (ii) minor child(ren) of the parties: [NAMES / DOBs]; and (iii) any other individual(s) specifically listed in Section 3.2.
“Residence” means the dwelling located at [ADDRESS] or any subsequent dwelling designated by the Court.
[// GUIDANCE: Insert additional defined terms if necessary (e.g., “Child Custody Order,” “Mutual Property,” etc.).]
3. OPERATIVE PROVISIONS
3.1 No Contact. Respondent SHALL NOT:
a. Contact, harass, stalk, threaten, or abuse any Protected Person by any means, including in-person, telephone, text, email, social media, or through third parties;
b. Enter upon the Residence, workplace, school, or childcare facility of any Protected Person;
c. Commit or threaten Abuse against any Protected Person.
3.2 Stay-Away Radius. Respondent shall maintain a minimum distance of [100 / 300 / OTHER] feet from each Protected Person and from each location listed in Exhibit A (incorporated herein).
3.3 Vacate & Exclusive Use. Respondent shall immediately vacate the Residence and surrender all keys, garage openers, and access codes to law enforcement for transfer to Petitioner.
3.4 Temporary Custody & Visitation.
a. Temporary legal and physical custody of the minor child(ren) is awarded to Petitioner.
b. Visitation (check one):
☐ Supervised at [FACILITY] pursuant to schedule in Exhibit B.
☐ Suspended until further order of Court.
3.5 Emergency Family Maintenance. Respondent shall pay interim support of $ [AMOUNT] per [week/month] commencing [DATE]. Non-payment constitutes contempt.
3.6 Firearms Surrender. Within [24] hours, Respondent shall surrender all Firearms to [LAW-ENFORCEMENT AGENCY] and file proof of surrender with the Court. Possession of a Firearm while this Order is active is a criminal offense.
3.7 Counseling / Treatment. Respondent is ordered to attend and complete (a) [domestic violence intervention program] and (b) [substance abuse / anger management] counseling as directed, providing proof of enrollment within [10] days.
3.8 Law Enforcement Assistance. Law enforcement officers are directed to:
a. Accompany a Protected Person to secure possession of the Residence and personal property;
b. Serve this Order upon Respondent forthwith, if service has not yet been perfected.
3.9 Federal Full Faith & Credit. Pursuant to 18 U.S.C. § 2265, this Order is enforceable in all U.S. jurisdictions.
4. REPRESENTATIONS & WARRANTIES / COURT FINDINGS
4.1 Personal Jurisdiction. The Court finds it has personal jurisdiction over Respondent based on [SERVICE / APPEARANCE].
4.2 Notice & Opportunity to Be Heard. Respondent received timely notice of the hearing and an opportunity to contest the Petition, satisfying due-process requirements.
4.3 Substantive Findings.
a. Abuse occurred on or about [DATE(S)] as detailed in the record.
b. Issuance of this Order is necessary to prevent further Abuse and is the least restrictive means adequate to provide protection.
4.4 Survival. Findings herein survive the expiration or termination of this Order for purposes of criminal prosecution under Md. Code Ann., Fam. Law § 4-509.
5. COVENANTS & RESTRICTIONS
5.1 Respondent Covenants. Respondent shall strictly comply with all terms of this Order and any subsequent modifications.
5.2 Petitioner Covenants. Petitioner shall promptly inform the Court of any change in address or material circumstance affecting enforcement.
5.3 Mutual Property. Neither party shall destroy, conceal, or dispose of marital or jointly owned property except as expressly allowed by further court order.
5.4 Notice of Address Change. Each party shall provide the Court and opposing party with written notice of any change of residence within [72] hours, using a safe-address protocol if necessary.
6. DEFAULT & REMEDIES
6.1 Events of Default. Any act or omission by Respondent constituting a violation of Section 3 or any other provision of this Order.
6.2 Remedies. Upon default, the following remedies are available:
a. Immediate arrest without warrant (Md. Code Ann., Fam. Law § 4-509(a));
b. Criminal penalties: First offense—misdemeanor punishable by up to 90 days’ incarceration and/or a fine up to $ 1,000; subsequent offenses—up to 1 year and/or $ 2,500;
c. Civil contempt proceedings;
d. Extension or modification of this Order for up to 2 additional years;
e. Such other relief as the Court deems just and proper.
6.3 Attorney’s Fees & Costs. The Court may, upon motion and for good cause, award reasonable attorney’s fees and costs incurred in enforcement.
6.4 Notice & Opportunity to Cure. Because of the exigent nature of domestic violence, no cure period applies; any violation triggers immediate enforcement.
7. RISK ALLOCATION
[// GUIDANCE: Indemnification, limitation of liability, and insurance provisions are not applicable to protective orders and are therefore intentionally omitted.]
8. DISPUTE RESOLUTION & CONTINUING JURISDICTION
8.1 Governing Law. This Order shall be construed and enforced under the domestic-violence statutes of the State of Maryland.
8.2 Forum Selection. Exclusive jurisdiction lies with the Maryland state family courts.
8.3 Modification. Either party may move to modify or rescind this Order pursuant to Md. Code Ann., Fam. Law § 4-507(a).
8.4 Appeals. Any party aggrieved by this Order may appeal in accordance with Maryland Rules 8-202 et seq.
8.5 Injunctive Relief. The equitable remedies provided herein are cumulative and not exclusive.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No provision of this Order may be waived or amended except by written order of the Court.
9.2 Severability. If any provision of this Order is held invalid, the remaining provisions shall remain in full force and effect.
9.3 Integration. This Order constitutes the entire protective relief granted; any prior temporary protective order is superseded.
9.4 Service & Proof of Service. The Clerk shall promptly transmit certified copies of this Order to (i) law-enforcement agencies having jurisdiction over the Residence, and (ii) the Maryland Judiciary Case Search system.
9.5 Counterparts & Electronic Signatures. This Order may be signed in counterparts and may be transmitted by electronic means with the same force as an original.
10. EXECUTION BLOCK
Entered this ___ day of _, 20_ at __ ___.m.
JUDGE [PRINTED NAME]
[Judge’s Maryland ID No.]
Acknowledgment of Respondent (Optional)
I acknowledge receipt of this Order and understand its terms.
____ ____
Respondent Date
Certificate of Service
I certify that on _/_/20__, a true copy of this Order was served upon Respondent by:
☐ Personal delivery by [LAW-ENFORCEMENT AGENCY]
☐ Other: ________
____ ____
[NAME], Title Date
Exhibits
• Exhibit A – Stay-Away Locations
• Exhibit B – Visitation Schedule (if applicable)
[// GUIDANCE: Attach additional exhibits as needed, ensuring consistency with operative provisions.]