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Effective October 1, 2026, new Maryland law changes the timeline for protective orders.
During the 2026 session, the Maryland General Assembly enacted legislation that changes the timelines for temporary and final protective order.House Bill 497, which was signed into law by Governor Wes Moore as Chapter 791 of the Laws of Maryland, extends the duration of temporary protective orders to “not more than 14 days after issuance.”
A protective order is a type of restraining order issued by a court that restricts a person from contacting or approaching another person.
The party seeking protection is referred to as the Petitioner. Under the current protective order process in Maryland, a Petitioner may initially request a Temporary Protective Order, which is designed to provide immediate, short-term protection while the parties prepare for a hearing on whether a Final Protective Order should be issued.
A court may issue a Temporary Protective Order without the Respondent being present. The legal standard for obtaining a Temporary Protective Order is different from, and less demanding than, the standard required to obtain a Final Protective Order.
Once a Temporary Protective Order is issued, the Petitioner must have the Respondent properly served with the order. After service, the court will schedule a hearing and decide on whether to issue a Final Protective Order. At that hearing, parties have the opportunity to present evidence and arguments to the court. You can read more about the process of defending against protective order here.
Under the previous Maryland law, the duration of a Temporary Protective Order was generally limited to no more than seven days after service.
Amanda Shrock is a knowledgable, respected family law attorney serving Maryland. She brings with her a background in Child Law & Policy and state-level advocacy centered on children’s well-being. Her commitment to justice and to keeping Maryland families safe makes her an excellent advocate should you or your child need a protective order.
In need of determined, caring help with your family law matter? Reach out to Greenberg Legal Group LLC for an initial consultation today.
Beginning October 1, 2026, a Temporary Protective Order may remain in effect for up to 14 days after the order is issued. The new law also requires the hearing on a Final Protective Order to take place within 14 days after the Temporary Protective Order is issued, unless certain exceptions apply.
The expanded timeframe provides additional time for the parties and the court to address the practical requirements of a protective order case, including service of the order, preparation for the hearing, gathering and reviewing evidence, and scheduling the final hearing.
Proper service is particularly important in protective order proceedings. The additional time provided under the new law may provide a more manageable window for service to be completed and for both parties to adequately prepare for the final hearing.
Because protective order cases involve allegations of domestic abuse, parties may also be concurrently navigating significant personal challenges. The expanded timeline provides parties with additional time to navigate related issues, such as securing safe housing, organizing childcare, obtaining medical care, and finding an attorney. Similarly, both parties and their attorneys may benefit from the additional time to locate witnesses and obtain and review evidence relevant to the case.
The extension of the time period for a Temporary Protective Order from 7 to 14 days has significant ramifications for all parties involved. Under a Temporary Protective Order, the Court may grant a wide variety of relief including, but not limited to, granting the Petitioner use and possession of a family home, custody of any minor children shared with the Respondent and ordering the Respondent to stay away from the Petitioner’s home and place of work.
For the Petitioner, the extension of the Temporary Protective Order period provides additional time for the Petitioner to receive these protections pending a Final Protective Order hearing. For the Respondent, the extension of the Temporary Protective Order period may cause significant disruption since the Respondent may be displaced from their home and not able to see their children during this time. These are considerations that both parties should take into account when pursuing or defending against a protective order action.
An attorney will go through the facts of your case, understand your side of the story and review all evidence which you have to support your claims. This will help the attorney formulate a case strategy to best represent you.
If you intend to contest the allegations in a protective order case, having an attorney represent you at the contested hearing can be particularly important. An attorney can help you understand the court process, present relevant evidence, and advocate for your position before the court.
The law firm of Greenberg Legal Group LLC have extensive experience representing clients in protective order actions. Our primary goal is to protect our client’s interests by giving specific attention to the details of each client’s case. Our firm is located in Annapolis, Maryland and practices in Courts throughout the State of Maryland. Please contact our office at (410) 237-6558 for further assistance.
