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Maryland is making significant changes to its protective order laws beginning October 1, 2026. These Maryland protective order law changes will affect anyone seeking a protective order or defending against one, making it important to understand the new rules.
During the 2026 legislative session, the Maryland General Assembly passed House Bill 497, which was signed into law by Governor Wes Moore as Chapter 791 of the Laws of Maryland. The new law makes two particularly important changes. It extends the ordinary duration of a Temporary Protective Order from seven days to fourteen days. It also substantially expands the monetary relief that may be awarded as part of a Final Protective Order.
Under Maryland's existing protective order process, a person alleging abuse may ask a judge for a Temporary Protective Order, commonly referred to as a "TPO." A TPO may be issued after a hearing that occurs without the respondent being present.
This is important because a Temporary Protective Order can have immediate and significant consequences. Depending on the circumstances, a respondent can be ordered to leave a residence, have no contact with the petitioner, stay away from certain locations, surrender firearms, and comply with temporary custody and other provisions.
Historically, Maryland law generally limited a TPO to seven days after service, subject to certain exceptions and extensions.
Beginning October 1, 2026, however, a Temporary Protective Order will generally remain effective for up to 14 days after the order is issued.
The law also changes the timetable for the Final Protective Order hearing. Unless an exception applies or the hearing is continued for good cause, the final hearing must generally occur no later than 14 days after issuance of the Temporary Protective Order.
One particularly important detail is that the new 14-day period runs from issuance of the TPO rather than service upon the respondent.
Supporters of the legislation argued that seven days was simply not enough time in many protective order cases.
Someone alleging domestic violence may simultaneously be dealing with finding a safe place to live, caring for children, obtaining medical or mental-health treatment, missing work, locating witnesses, gathering evidence, and retaining an attorney.
Attorneys on both sides may also need time to obtain text messages, photographs, medical records, police reports, video evidence, and other information necessary for a contested hearing.
Service was another practical concern. A Final Protective Order generally cannot simply be entered against a respondent who has not received appropriate notice. Therefore, when service cannot be accomplished quickly, hearings may have to be postponed anyway.
The additional time gives petitioners more time to prepare and law enforcement more time to accomplish service.
However, the additional time can also benefit respondents. A person served with a Temporary Protective Order may suddenly find himself or herself excluded from a home, separated from children, and facing serious allegations of abuse. The additional time can provide a respondent with a better opportunity to retain an attorney, gather evidence, and prepare a defense.
There is another side to the issue.
A Temporary Protective Order may initially be issued without the respondent participating in the hearing. Extending the ordinary period from seven days to fourteen days potentially means that a person can remain subject to significant restrictions for a longer period before receiving a full adversarial hearing.
That concern is especially significant when allegations are disputed.
For example, a respondent may ultimately prevail at the Final Protective Order hearing but may nevertheless have spent days subject to an order excluding him or her from a residence, restricting contact with children, or imposing other substantial limitations.
The new law attempts to balance those concerns by measuring the 14-day period from issuance rather than allowing a new 14-day period to begin whenever service is ultimately accomplished.
The second major change may ultimately be just as significant.
Beginning October 1, a Maryland judge issuing a Final Protective Order will have express authority to order a respondent to reimburse a person eligible for relief for losses or expenses incurred as a direct result of the abuse.
Those expenses can include:
The inclusion of attorney's fees is particularly noteworthy. Protective order cases can become heavily contested and sometimes require substantial attorney preparation and courtroom time.
Under the new statute, when a Final Protective Order is entered, a court may require the respondent to pay reasonable attorney's fees incurred by the person eligible for relief when those fees constitute losses or expenses directly resulting from the abuse.
Additionally, the law provides that receiving a monetary award in the protective order proceeding does not prevent a petitioner from later pursuing additional losses or expenses that were not awarded in the protective order case.
There is an important distinction in the new law.
The new monetary-relief provision applies when relief is awarded against the respondent. The statute does not create a corresponding right for a respondent to recover attorney's fees simply because the petition for a Final Protective Order is denied.
In other words, successfully defending a protective order case does not, by itself, entitle the respondent to reimbursement of attorney's fees under this new provision.
There may be extraordinary circumstances involving bad-faith litigation or other misconduct in which separate Maryland laws or court rules could potentially provide a remedy. However, merely proving that the petitioner did not meet the burden required for a Final Protective Order is not enough to trigger a reciprocal attorney's-fee award under this statute.
These Maryland protective order law changes make protective order proceedings even more significant for both sides.
For petitioners, the law provides additional preparation time and the possibility of recovering financial losses directly caused by abuse.
For respondents, the stakes are equally significant. A TPO may now remain in effect longer before the ordinary final hearing. In addition, a Final Protective Order may potentially include a substantial monetary award in addition to the other consequences already available under Maryland law.
Whether you are seeking protection or have been served with a Temporary Protective Order, it is important to understand that these proceedings can affect your home, children, finances, and other important rights.
The Maryland protective order law changes take effect October 1, 2026.
