Domestic Violence Protection Order - Maryland

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Maryland requires the use of official court form CC-DC-DV-001 (Petition for Protection
from Domestic Violence) for domestic violence protective order petitions. This template
provides the substantive legal content to help you prepare — but you must transfer your
content to the official form before filing. The official form is available at
https://www.mdcourts.gov/legalhelp/domesticviolence.
Do not file this document directly with the court.

PROPOSED FINAL DOMESTIC VIOLENCE PROTECTIVE ORDER

(Maryland Family Law Article, Title 4, Subtitle 5)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties / Findings
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation (N/A)
8. Dispute Resolution & Continuing Jurisdiction
9. General Provisions
10. 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 1 YEAR; OR UP TO 2 YEARS UNDER Md. Code Ann., Fam. Law § 4-506(j)(2), WHERE A PRIOR FINAL ORDER OF AT LEAST 6 MONTHS WAS ISSUED AGAINST THE SAME RESPONDENT FOR THE SAME PERSON AND A NEW ACT OF ABUSE OCCURS WITHIN 1 YEAR OF ITS EXPIRATION, OR THE RESPONDENT CONSENTS], unless modified, rescinded, or extended pursuant to Md. Code Ann., Fam. Law § 4-507, or made permanent under § 4-506(k).

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).

“Firearm” means any firearm within the meaning of Md. Code Ann., Pub. Safety § 5-101(h) (a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the action of an explosive, and the frame or receiver of such a weapon) that Respondent is required to surrender under Md. Code Ann., Fam. Law § 4-506(f). This term is broader than a “regulated firearm” (a handgun or listed assault weapon) as defined in Md. Code Ann., Pub. Safety § 5-101(r) and includes rifles and shotguns.

“Court” has the meaning stated in Section 1.2.

“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.

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. Pursuant to Md. Code Ann., Fam. Law § 4-506(f), Respondent shall surrender to law enforcement authorities ([LAW-ENFORCEMENT AGENCY]) any Firearm in Respondent’s possession and shall refrain from possessing any Firearm for the duration of this Order. Law enforcement shall transport and store the surrendered Firearm in accordance with Md. Code Ann., Fam. Law § 4-506.1. Possession of a Firearm while this Order is in effect 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. Arrest, with or without a warrant, of a person the officer has probable cause to believe is in violation of this Order (Md. Code Ann., Fam. Law § 4-509(f)(1));
b. Criminal penalties (Md. Code Ann., Fam. Law § 4-509(b)): first offense—misdemeanor punishable by imprisonment up to 90 days and/or a fine up to $1,000; second or subsequent offense—imprisonment up to 1 year and/or a fine up to $2,500;
c. Civil contempt proceedings;
d. Extension of this Order for up to 2 years from the date the extension is granted, or modification, under Md. Code Ann., Fam. Law § 4-507(a);
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

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 Md. Code Ann., Fam. Law § 4-507(b) and the Maryland Rules.

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)