Schell and Lanteigne, 2000, p. 154
Provided is a list of relevant laws and their summaries to find what may apply to your case or situation. We are unable at this time to provide legal advice. However, we have provided links to state laws. We will regularly be updating information and hope to provide more resources, which may provide more assistance.
The following words have the meanings.
Peace orders are handled by the District Court commissioner in Maryland.
(d) “Employee” includes: A volunteer or an independent contractor who performs services for an employer at the employer’s workplace.
(e) “Employer” includes a person that acts directly or indirectly in the interest of another employer with an employee.
(h) The “Petitioner” is the individual or victim who files a petition.
(i) “Residence” includes the yard, grounds, outbuildings, and common areas surrounding the residence.
(j) The “Respondent” is the individual (stalker) alleged in a petition to have committed an act(s) specified in § 3–1503(a) of this subtitle against a petitioner or a petitioner’s employee.
A petitioner is not limited to or precluded from pursuing any other legal remedy.
A petitioner may seek relief by filing with the court, or with a commissioner. A petition that alleges the commission of any of the following acts against the petitioner, or any of the following acts against the petitioner’s employee at the employee’s workplace, by the respondent, if the act occurred within 30 days before the filing of the petition:
(i) An act that causes serious bodily harm;
(ii) An act that places the petitioner or the petitioner’s employee in fear of imminent serious bodily harm;
(iii) Assault in any degree;
(iv) False imprisonment;
(v) Harassment under § 3–803 of the Criminal Law Article;
(vi) Stalking under § 3–802 of the Criminal Law Article;
(vii) Trespass under Title 6, Subtitle 4 of the Criminal Law Article;
(viii) Malicious destruction of property under § 6–301 of the Criminal Law Article;
(ix) Misuse of telephone facilities and equipment under § 3–804 of the Criminal Law Article;
(x) Misuse of electronic communication or interactive computer service under § 3–805 of the Criminal Law Article;
(xi) Revenge porn under § 3–809 of the Criminal Law Article; or
(xii) Visual surveillance under § 3–901, § 3–902, or § 3–903 of the Criminal Law Article.
(2) A petition can be filed if:
(i) The act(s) described above is alleged to have occurred in Maryland; or
(ii) The petitioner or the petitioner’s employee is a resident of Maryland, regardless of whether the act(s) described is alleged to have occurred Maryland.
(b) The petition must:
(1) Be under oath. Knowingly providing false information in the petition is a misdemeanor;
(3) Include all information known to the petitioner of:
(i) The nature and extent of the act(s) specified above, for which the relief is being sought, including known information, concerning previous harm or injury resulting from an act(s) specified above by the respondent;
(ii) Each previous and pending action between the parties in any court; and
(iii) The whereabouts of the respondent.
(c) An address may be stricken from the petition during a proceeding, if a petitioner or a petitioner’s employee alleges, and the commissioner or judge finds, that the disclosure would risk further harm. It will then be omitted from all other documents filed with the commissioner or transferred to a court.
(e) (1) Employers should notify employees before filing a petition.
(2) An employer may not retaliate against an employee who does not provide information for or testify at a proceeding.
(a) When the Office of the District Court Clerk is closed, a petition may be filed with a commissioner.
(b) If the commissioner finds that there are reasonable grounds to believe that the respondent has committed, and is likely to commit in the future, an act specified in § 3–1503(a) against the petitioner or the petitioner’s employee, the commissioner may issue an interim peace order pending a hearing by a judge on a petition.
(c) An interim peace order:
(1) Shall contain only the relief that is minimally necessary to protect the petitioner or the petitioner’s employee; and
(2) May order the respondent to:
(i) Refrain from committing or threatening to commit an act specified in § 3–1503(a);
(ii) Refrain from contacting, attempting to contact, or harassing;
(iii) Refrain from entering the residence; and
(iv) Remain away from the place of employment, school, or temporary residence.
(d) (1) (i) An interim peace order will state the date, time, and location for the temporary peace order hearing. It will have a tentative date, time, and location for a final peace order hearing, this is subject to change
(iv) Violation of an interim peace order is a crime. Law enforcement officer will arrest the respondent, with or without a warrant, and take the them into custody if the officer has probable cause to believe that the respondent has violated any provision of the interim peace order; and
(e) When a commissioner issues an interim peace order, the commissioner will:
(1) Immediately forward a copy of the petition and interim peace order to the appropriate law enforcement agency for service on the respondent; and
(f) A law enforcement officer will:
(1) Immediately after receiving an interim peace order, serve the respondent; and
(2) Immediately after service, inform the Office of the District Court Clerk.
(g) (1) Except as otherwise specified, an interim peace order is effective until the earlier of:
(i) The temporary peace order hearing; or
(ii) The end of the second business day the Office of the Clerk of the District Court is open following the issuance of an interim peace order.
(a) (1) After a hearing on a petition, a judge finds that there are reasonable grounds to believe that the respondent has committed, and is likely to commit in the future, an act specified in § 3–1503(a) may issue a temporary peace order to protect the petitioner or the petitioner’s employee.
(2) The temporary peace order may include any or all of the following relief for a petitioner or the petitioner’s employee:
(i) Order the respondent to refrain from committing or threatening to commit an act specified in § 3–1503(a);
(ii) Order the respondent to refrain from contacting, attempting to contact, or harassing;
(iii) Order the respondent to refrain from entering the residence; and
(iv) Order the respondent to remain away from the place of employment, school, or temporary residence.
(3) If the judge issues an order under this section, the order shall contain only the relief that is minimally necessary for their protection.
(b) (1) A law enforcement officer immediately will serve the temporary peace order on the respondent.
(c) (1) Except as otherwise provided, the temporary peace order will be effective for not more than 7 days after service of the order.
(2) The judge may extend the temporary peace order as needed, but not to exceed 30 days.
(d) The judge may proceed with a final peace order hearing instead of a temporary peace order hearing if:
(1) (i) The respondent appears at the hearing;
(ii) The respondent has been served with an interim peace order; or
(iii) The court otherwise has personal jurisdiction over the respondent; and
(2) The petitioner or the petitioner’s employee and the respondent expressly consent to waive the temporary peace order hearing.
(a) Respondents have an opportunity to be heard regarding whether the judge should issue a final peace order.
(b) (1) (i) The temporary peace order states the date and time of the final peace order hearing.
(ii) The final peace order hearing will be held no later than 7 days after the temporary peace order is served on the respondent, unless it has been continued for good cause,.
(2) The temporary peace order will include notice to the respondent:
(c) (1) If the respondent appears for the final peace order hearing, has been served with an interim peace order or a temporary peace order, or the court otherwise has personal jurisdiction over the respondent, the judge:
(i) May proceed with the final peace order hearing; and
(ii) If the judge finds by a preponderance of the evidence that the respondent has committed, and is likely to commit in the future, an act specified in § 3–1503(a) of this subtitle against the petitioner or the petitioner’s employee, or if the respondent consents to the entry of a peace order, the court may issue a final peace order to protect the petitioner or the petitioner’s employee.
(2) A final peace order may be issued only to an individual who has filed a petition under § 3–1503 of this subtitle.
(3) In cases where both parties file a petition, the judge may issue mutual peace orders if the judge finds by a preponderance of the evidence that each party has committed, and are likely to commit in the future, an act specified in § 3–1503(a) of this subtitle against the other party.
(d) (1) The final peace order may include any or all of the following relief, directing the respondent (or petitioner) in the following ways:
(i) Refrain from committing or threatening to commit an act specified in § 3–1503(a);
(ii) Refrain from contacting, attempting to contact, or harassing;
(iii) Refrain from entering their residence;
(iv) Remain away from the place of employment, school, or temporary residence;
(v) Direct the respondent or petitioner to participate in professionally supervised counseling or, mediation; and
(vi) Order either party to pay filing fees and costs of a proceeding under this subtitle.
(2) If the judge issues an order under this section, the order shall contain only the relief that is minimally necessary.
(e) (1) A copy of the final peace order will be served on the petitioner, the petitioner’s employee, the respondent, the appropriate law enforcement agency.
(f) All relief granted in a final peace order will be effective for the period stated in the order, not to exceed 6 months.
(a) (1) A peace order may be modified or rescinded during the term of the peace order after:
(i) Giving notice to the parties; and
(ii) Having a hearing.
(2) If good cause is shown, a judge may extend the term of the peace order for 6 months,:
(3) (i) If, during the term of a final peace order, a petitioner files a motion to extend the term of the order, the court shall hold a hearing on the motion within 30 days after the motion is filed.
(ii) If the hearing on the motion is not held before the original expiration date of the final peace order, the order will be automatically extended and the terms of the order will remain in full force and effect until the hearing on the motion.
(b) (1) If a District Court judge grants or denies relief under a petition filed under this subtitle, a respondent or a petitioner may appeal to the circuit court.
(3) (i) If an appeal is filed, the District Court judgment will remain in effect until a judgment is made by the circuit court.
(ii) Unless the circuit court orders otherwise, modification or enforcement of the District Court order shall be by the District Court.
(a) An interim peace order, temporary peace order, and final peace order issued under this subtitle shall state that a violation of the order may result in:
(1) Criminal prosecution; and
(2) Imprisonment or fine or both.
(b) A temporary peace order and final peace order issued under this subtitle shall state that a violation of the order may result in a finding of contempt.
(a) An individual who fails to comply with the relief granted in an interim peace order, a temporary peace order, or a final peace order, is guilty of a misdemeanor and on conviction is subject to:
(1) For a first offense, a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both; and
(2) For a second or subsequent offense, a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.
(c) A law enforcement officer shall arrest with or without a warrant and take into custody an individual who the officer has probable cause to believe is in violation of an interim peace order, temporary peace order, or final peace order in effect at the time of the violation.
Personal Protective Orders (PPOs) in Maryland are divided into three categories, temporary orders, peace, and protective orders. Protective orders can be granted to a current or former partner, family members, sexual assault victim, etc. They are granted to claimants reporting an event of, or fear of, serious bodily injury, false imprisonment, mental injury of a child, stalking but not harassment, or revenge porn, for one year. Peace orders can be applied to anyone reporting harassment, trespassing, destruction of property, telephone misuse, electronic communication or interactive computer service, and/or visual surveillance. Peace orders if granted last for 6 months, and can then be extended another six months.
Harassment and stalking are often used interchangeably, and their levels of "severity" are often misunderstood. According to MD law, harassment is the following of another in a public place and engaging in a course of conduct that intentionally alarms or annoys another, after receiving a reasonable warning to stop by the target or by another.
Stalking is a malicious course of conduct including, approaching or pursuing another. The person intends to, or should have known, the conduct would have caused another reasonable fear of (a) bodily injury, (b) assault, (c) sexual assault, (d) false imprisonment, or (e) death, and that another will likely suffer from an act listed (a-e). Stalking requires that the person intends to cause, or reasonably should have known, the conduct would cause serious emotional distress to another. Stalking includes conduct described in section 1 (a-e) in person, by electronic communications, through the use of devices that can track another's location, and without knowledge or consent.
A person may not use a telephone to anonymously call another to annoy, abuse, torment, harass, or embarrass another. They may not make repeated calls. Nor can they comment, request, or suggest lewd or lascivious use of the phone.
A person may not conduct, or procure another, to conduct visual surveillance of another person in a private place without the consent of that individual. Further, they may not surveil with sexual intent, nor may they use cameras or technology equipment to aid them in surveilling or recording.
A person may not enter in or on property that is posted against trespassing where signs are placed that can reasonably be seen.
A person may not enter on the property of another for the purpose of invading the privacy of an occupant of a building or enclosure located on the property by looking into a window, door, or other opening.
A person may not willfully and maliciously destroy, injure, or deface the real or personal property of another.
"Public" does not need to devoted solely to public use.
(c) (1) A person cannot obstruct the free passage of another in a public place or on a public conveyance. (2) A person may not willfully act in a disorderly manner that disturbs the public peace. (3) A person may not disobey an officer's directions to prevent a disturbance. (4) A person who enters the premises of another, (an owner or lessee) or adjacent property, may not: (i) disturb the peace of persons premises, or by making an unreasonably loud noise; or (ii) act in a disorderly manner.
“Victim” means a person who suffers actual or threatened physical, emotional, or financial harm as a direct result of a crime or delinquent act.
A person may not maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another:
(i) with the intent to harass, alarm, or annoy the other;
(ii) after receiving a reasonable warning or request to stop by or on behalf of the other; and
(iii) without a legal purpose.
A person may not knowingly distribute a visual representation of another identifiable person that displays their intimate parts exposed or while engaged in sexual activity:
(1) with the intent to harm, harass, intimidate, threaten, or coerce;
(2) (i) when they knew the other person did not consent to the distribution; or
(ii) with reckless disregard as to whether the person consented to the distribution; and
(3) under circumstances in which the other person had a reasonable expectation that the image would remain private.
A person may not:
(1) (i) engage in vaginal intercourse with another by force, or threat or
(ii) engage in a sexual act by force, or with threat of force, without consent; and
(2) (i) employ or display a dangerous weapon,;
(ii) suffocate, strangle, disfigure, or injury on the victim or a third party course of committing the crime;
(iii) threaten, or place the victim in fear, that the victim, or third party, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping;
(iv) commit the crime while aided and abetted by another; or
(v) commit the crime in connection with a burglary
(a) A person may not engage in vaginal intercourse or a sexual act with another:
(1) by force, or the threat of force, without the consent;
(2) including: substantially cognitively impaired individual, mentally incapacitated, or a physical helplessness, if the person performing the act knows or reasonably should known; or
(3) if the victim is under the age of 14 years, and the person performing the act is at least 4 years older than the victim.
(a) A person may not:
(1) (i) engage in sexual contact without consent; and
(ii) 1. employ or display a dangerous weapon;
2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
3. threaten, or place the victim in fear, that the victim, or a third party, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or
4. commit the crime while aided and abetted by another;
(2) engage in sexual contact with another if the victim is substantially cognitively impaired, a mentally incapacitated, or a physically helpless, and the person performing the act knows or reasonably should known.
(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Person in a position of authority” means a person who:
1. A. is at least 21 years old and is paid or unpaid staff for a public or private preschool, elementary school, or secondary school; or
B. is at least 22 years old and is paid or unpaid for a program; and
2. exercises supervision over or works or interacts with one or more minors who attend the school or participate in the program.
(ii) “Person in a position of authority” includes a principal, vice principal, teacher, coach, or school counselor at a public or private preschool, elementary school, or secondary school.
(3) “Program” means:
(i) an individual, a business, a religious or faith–based institution, or an organization that provides, on a for–profit or nonprofit basis, instructional, coaching, recreational, spiritual, character–building, or supervisory services or activities for minors,
(ii) any unit of local, State, or federal government.
(b) A person may not engage in:
(1) sexual contact with another without the consent of the other;
(2) except as provided in § 3–307(a)(4) of this subtitle; or
(3) except as provided in § 3–307(a)(5) of this subtitle.
(c) (1) Except as provided in § 3–307(a)(4) of this subtitle or subsection (b)(2) of this section, a person in a position of authority may not engage in a sexual act or sexual contact with a minor who, at the time of the sexual act or sexual contact:
(i) is a student enrolled at a school where the person in a position of authority works; or
(ii) 1. is participating in a program for which the person in a position of authority works; and
2. is at least 6 years younger than the person in a position of authority.
(2) Except as provided in § 3–307(a)(5) of this subtitle or subsection (b)(3) of this section, a person in a position of authority may not engage in vaginal intercourse with a minor who, at the time of the vaginal intercourse:
(i) is a student enrolled at a school where the person in a position of authority works; or
(ii) 1. is participating in a program for which the person in a position of authority works; and
2. is at least 6 years younger than the person in a position of authority.
False imprisonment is generally defined in Maryland Law as unlawfully detaining another person against their will. The exact definition not available because it is considered a "common law offense." It is a misdemeanor with no specific maximum or minimum penalty, is only limited by the Eight Amendment’s prohibition against cruel and unusual punishment. False imprisonment is a level 5 offense on the sentencing guidelines table, meaning it is treated similarly to second-degree assault (The Herbst Firm, 2024).
There are four main elements that the state has to satisfy, (1) establish that the defendant confined (aka detained) the victim. (2) The state then has to establish that the confinement was against the victim’s will. (3) The state must prove the confinement was accomplished by force, the threat of force or deception. It is not be necessary for the state to prove the defendant actually made a specific threat to do harm, a victim can testify that they were in fear based on the totality of the circumstances. (4) The state must prove that there was no justification for the confinement. These elements must be proven beyond a reasonable doubt.
False imprisonment can be understood as a lesser offense of kidnapping, that does not include asportation (removing or carrying away property or a person).
These cases are often rest heavily on the testimony of the victim, since there is minimal physical evidence.
Logan, et al., 2006, p. 272
(a)Full Faith and Credit.—Any protection order (PPO) issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing jurisdiction,) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing jurisdiction) and enforced by the court and law enforcement personnel of the other jurisdiction, as if it were the order of the enforcing jurisdiction.
(b) Protection Order.—A PPO issued by a court is consistent with this subsection if—(1) such court has jurisdiction over the parties and matter under the law; and
(2) Notice and opportunity is given to the respondent, sufficient to protect their right to due process. In ex parte cases, notice and opportunity to be heard must be provided within the time required by law.
(c) Cross or Counter Petition.—A PPO issued by a court against one who has petitioned, is not entitled to full faith and credit if—(1) no counter petition, was filed; or (2) the court did not make findings that each party was entitled to an order.
(d) Notification and Registration.—(1) Notification.—An enforcing jurisdiction, will not notify or require notification of the party against whom a PPO has been issued that the PPO has been registered or filed in that enforcing jurisdiction unless requested to do so by the party protected under such order.
(2) No prior registration or filing as prerequisite for enforcement.—Any PPO that is otherwise consistent with this section shall be accorded full faith and credit,
(3) Limits on internet publication of registration information.—Jurisdictions will not make available publicly any information regarding the registration, petition, or issuance of a PPO, in either the issuing or enforcing jurisdiction. Jurisdictions may share court-generated and law enforcement-generated information contained in secure, governmental registries for enforcement purposes.
(e)Tribal Court Jurisdiction.—For purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce PPOs involving any person.
a)Offenses.—
(1)Travel or conduct of offender.—A person who travels, with the intent to engage in conduct that violates the portion of a PPO that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person or the pet, of that person, or that would violate such a portion of a PPO in the jurisdiction in which the order was issued, and subsequently engages in such conduct, shall be punished as provided in subsection (b).
(2) Causing travel of victim.—A person who causes another person to travel to another jurisdiction by force, coercion, duress, or fraud, and in the course of, as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a PPO that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person or the pet of that person, or that would violate such a portion of a PPO in the jurisdiction in which the order was issued, shall be punished as provided in subsection (b).
(1) travels to (enters or leaves) another jurisdiction with the intent to kill, injure, harass, intimidate, or place under surveillance (or a third party person) and in the course of, or as a result of, such travel or presence engages in conduct that
(A) places that person in reasonable fear of the death of, or serious bodily injury to
(i) that person; (ii) an immediate family member; (iii)a spouse or partner; or (iv) their pet; or
(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in subparagraph (A); or
(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with (or a third party), uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct
(a) In General.— If the victim of an offense under section 2261A is under the age of 18 years, the maximum imprisonment for the offense is 5 years greater than the maximum term of imprisonment otherwise provided for that offense in section 2261.
(b) Limitation.—Subsection (a) shall not apply to a person who violates section 2261A if—(1) the person is subject to a sentence under section 2261(b)(5); and
(2)(A) the person is under the age of 18 at the time the offense occurred; or
(B) the victim of the offense is not less than 15 nor more than 17 years of age and not more than 3 years younger than the person who committed the offense at the time the offense occurred.
Any comment, request, suggestion, proposal, image, or other communication which is obscene or child pornography, with intent to abuse, threaten, or harass another.
Makes or causes the phone to repeatedly or continuously ring, with intent to harass.
Makes repeated calls or repeatedly initiates communication with a telecommunications device, during which conversation or communication ensues, solely to harass.
Transmits interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure.
Knowingly deposits in any post office or authorized depository for mail, to be sent or delivered by the Postal Service or knowingly causes to be delivered by the Postal Service, any communication, with or without a name or designating mark, addressed to any other person, and containing, any communication with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to kidnap any person or any threat to injure the person of the addressee or of another.
Knowingly deposits in any post office or authorized depository for mail of any foreign country any communication addressed to any person within the United States, for the purpose of having such communication delivered by the post office establishment of such foreign country to the Postal Service and by it delivered to such addressee in the United States, and as a result thereof such communication is delivered by the post office establishment of such foreign country to the Postal Service and by it delivered to the address to which it is directed in the United States, and containing any demand or request containing any threat to kidnap any person or any threat to injure the person of the addressee or of another.
(a)Offenses.—
(1)Travel or conduct of offender.—A person who travels (or enters or leaves) to another jurisdiction with the intent to kill, injure, harass, or intimidate a spouse, or partner, and who, in the course of or as a result of such travel or presence, commits or attempts to commit a crime of violence against that spouse, or partner, shall be punished.
(2)Causing travel of victim.—A person who causes a spouse, partner, to travel to another jurisdiction and who, in the course commits or attempts to commit a crime of violence against that partner, shall be punished.
(a)Maximum Term of Imprisonment.—The maximum term of imprisonment for a violation of this chapter after a prior domestic violence or stalking offense shall be twice the term otherwise provided under this chapter.
(b)Definition. (1)the term “prior domestic violence or stalking offense” means a conviction for an offense—(A)under section 2261, 2261A, or 2262 of this chapter; or
(B) under State or Tribal law for an offense consisting of conduct that would have been an offense under a section referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, or in interstate or foreign commerce;
It is unlawful for anyone to sell or dispose of any fire arm or ammunition to any person knowing or having reasonable cause to believe that they, including as a juvenile—
(8) subject to a court order that restrains such person from harassing, stalking, or threatening a partner of such person or child of such partner or person, or engaging in other conduct that would place a partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
(A) was issued after a hearing and afforded due process; and
(B)(i) a finding of a credible threat to the physical safety of the partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such partner or child that would reasonably be expected to cause bodily injury;
It is unlawful for any person—
(1) convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) a fugitive from justice;
(3) an unlawful user of or addicted to any controlled substance
(4) adjudicated as a mental defective or committed to a mental institution;
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence;
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