Protective orders are taken very seriously in Maryland, and for good reason. They’re designed to protect individuals from harm, harassment, or threats. But what happens if someone violates one?
Whether the violation was intentional or accidental, the consequences can be severe and long-lasting. If you’re facing this situation, understanding what’s at stake is critical.
First, What Is a Protective Order?
A protective order (sometimes called a restraining order) is a legal order issued by a Maryland court to protect someone from abuse, threats, or harassment.
These orders can include restrictions such as:
● No contact with the protected person
● Staying a certain distance away from their home, workplace, or school ● Vacating a shared residence
● Surrendering firearms
Once a protective order is in place, you are legally required to follow every condition—no exceptions.
What Counts as a Violation?
A violation occurs when any term of the protective order is broken, even if it seems minor. Common Examples Include:
● Calling, texting, or messaging the protected person
● Showing up at restricted locations
● Attempting indirect contact through friends or family
● Failing to leave a shared residence as ordered
● Ignoring distance restrictions
It’s important to understand that even unintentional contact, like responding to a message first sent by the protected person, can still be considered a violation.
Immediate Legal Consequences
Violating a protective order in Maryland is a criminal offense.
If law enforcement determines that a violation occurred, you may be:
● Arrested on the spot
● Charged with a misdemeanor
● Taken into custody without a warrant
In many cases, officers are required to make an arrest if they have probable cause to believe the order was violated.
Potential Penalties You Could Face
The penalties for violating a protective order can escalate quickly, especially for repeat offenses. First Violation:
● Up to 90 days in jail
● Fines up to $1,000
Subsequent Violations:
● Up to 1 year in jail
● Fines up to $2,500
Beyond legal penalties, a conviction can also impact your:
● Criminal record
● Employment opportunities
● Housing applications
● Custody or family law matters\
How Violations Can Affect Your Case
If your protective order is tied to an ongoing family law case, such as divorce or custody, violating it can significantly hurt your position.
Judges may view violations as a sign of:
● Disregard for the law
● Lack of self-control
● Potential risk to others
This can influence decisions related to custody, visitation rights, and other important legal outcomes.
What If the Contact Wasn’t Your Fault?
One of the most misunderstood aspects of protective orders is that the order applies to you, regardless of who initiated contact.
Even if the protected person:
● Calls or texts you first
● Asks to meet up
● Tries to “drop” the situation informally
…you are still legally required to follow the order until it is officially modified or lifted by the court.
What You Should Do If You’re Accused of a Violation
If you’ve been accused of violating a protective order, it’s important to take the situation seriously and act quickly.
Steps to Take:
● Avoid any further contact immediately
● Do not attempt to explain or resolve the situation on your own
● Gather any evidence or documentation related to the incident
● Speak with an experienced attorney as soon as possible
The sooner you get legal guidance, the better your chances of protecting your rights and navigating the situation effectively.
Protect Yourself and Your Future
Violating a protective order in Maryland can lead to serious criminal penalties and long-term consequences, but you don’t have to face it alone.
At Billian Law, we understand how complex and stressful these situations can be. Our team is here to provide clear guidance, strong representation, and a strategic approach to your case. Contact us today to discuss your situation and take the next step toward protecting your future.