Can you extend a protective order in Maryland if you are still afraid of your abuser? What happens if the protective order is about to expire? Do you need to prove that a new incident of abuse occurred?
Under Maryland law, a person protected by a final protective order may ask the court to extend the order before it expires. Although commonly called renewing a protective order, the legal process is known as an extension of a protective order.
Importantly, you do not necessarily need to prove that a new act of abuse occurred to obtain an extension. However, the grounds for extending an existing protective order, and the length of the extension available, depend on the circumstances.
Maryland Family Law § 4-507 establishes the requirements for extending a protective order.
1. Can You Extend a Protective Order Without a New Incident of Abuse?
Yes. Maryland law permits a court to extend a protective order for six months upon a showing of "good cause."
Under Maryland Code, Family Law § 4-507(a)(2), a judge may extend a protective order for an additional six months if good cause is established following notice and a hearing.
The statute does not provide an exhaustive definition of "good cause." Instead, the court evaluates the particular circumstances to determine whether an extension is justified.
Factors that may support a finding of good cause include:
- Continued fear of harm: The protected person reasonably fears that the respondent may resume abusive conduct when the order expires.
- History of domestic violence: The seriousness, frequency, or pattern of previous abuse suggests a continued need for protection.
- Threats or intimidation: The respondent has engaged in threatening, intimidating, or otherwise concerning behavior.
- Violations of the existing order: The respondent has violated the protective order through prohibited communications, harassment, unwanted contact, or other misconduct.
- Continued harassment or stalking: Conduct occurring after the original order was issued suggests that the threat of abuse remains.
A judge may consider the history of the parties' relationship, the circumstances surrounding the original protective order, and developments since its issuance.
The important distinction is that a new assault or other qualifying act of abuse is not a prerequisite for a six-month extension.
Nevertheless, the protected person must present a sufficient factual basis to demonstrate good cause. A general desire to keep the order in place, without supporting circumstances, may not be enough.
2. Can a Maryland Protective Order Be Extended for Two Years?
Yes. Under certain circumstances, Maryland law permits a protective order to be extended for up to two years.
Pursuant to Maryland Family Law § 4-507(a)(3), a court may grant an extension of up to two years from the date the extension is granted if either:
- The respondent committed a subsequent act of abuse against a protected person named in the order during the term of the existing protective order, as established by a preponderance of the evidence; or
- The respondent consents to the extension.
When a subsequent act of abuse is alleged, the court must determine whether the conduct satisfies Maryland's statutory definition of abuse.
For purposes of determining the appropriate duration of an extension based on subsequent abuse, the court must consider several factors, including:
- The nature and severity of the subsequent abuse;
- The history and severity of abuse in the parties' relationship;
- Any pending criminal charges against the respondent; and
- The nature and extent of the injury or risk of injury caused by the respondent.
An additional two years is not automatic. The court retains discretion to determine the appropriate period, subject to the statutory requirements.
3. What if the Respondent Violated the Protective Order?
A violation of an existing protective order can provide important evidence supporting a request for an extension.
However, not every violation necessarily constitutes a new act of abuse under Maryland law.
For example, a prohibited communication may violate an order's no-contact provision without independently meeting the statutory definition of abuse required for a two-year extension based on subsequent abuse.
Even where a violation does not qualify as a new act of abuse, it may still support a six-month extension based on good cause.
Additionally, violations of protective orders may be addressed through separate enforcement proceedings, including contempt or criminal charges when applicable.
4. How Do You File a Motion to Extend a Protective Order in Maryland?
A person seeking an extension should file the appropriate request before the existing protective order expires.
Maryland provides a standard form for this purpose:
Form CC-DC-DV-006: Petition to Modify / Rescind / Extend Protective Order.
The form is available through the Maryland Judiciary's website and may be filed with the court handling the protective order matter.
The general process involves:
Filing the request: Submit the petition or motion identifying the protective order and explaining the grounds for the requested extension.
Providing notice: The respondent and affected persons must receive the notice required by law.
Attending a hearing: The court will schedule a hearing at which the parties may present testimony and relevant evidence.
Obtaining a decision: The judge will determine whether the statutory requirements for an extension have been established.
Evidence supporting the request may include text messages, emails, photographs, police reports, witness testimony, records of prior violations, or other relevant documentation.
A well-prepared request should explain not merely that the petitioner wants the protective order extended, but why the circumstances justify continued court-ordered protection.
5. What Happens if the Protective Order Expires Before the Extension Hearing?
Maryland law provides an important safeguard for individuals who file their extension requests on time.
Under Family Law § 4-507(a)(4), when a motion to extend a final protective order is filed during the term of that order, the court must hold a hearing within 30 days after the motion is filed.
If the court does not conduct the hearing before the original expiration date, the protective order is automatically extended until the hearing takes place.
During this period, the existing terms of the protective order remain in full force and effect.
This provision helps prevent a gap in protection simply because the court cannot schedule the hearing before the order's expiration date.
However, this automatic extension does not guarantee that the court will ultimately grant the requested six-month or two-year extension. The petitioner must still establish the applicable grounds at the hearing, unless the respondent consents to an extension that is authorized by law.
6. What if Your Protective Order Has Already Expired?
If your protective order has already expired and you did not file a timely request for an extension, the ordinary extension procedure may no longer be available.
However, you may be eligible to petition for a new protective order if circumstances support a new claim under Maryland law.
There is also a special provision for certain subsequent protective orders.
Under Maryland Family Law § 4-506(j)(2), a court may issue a new final protective order lasting up to two years if:
- The new order concerns qualifying abuse occurring within one year after a prior final protective order expired, or the respondent consents to the new order within that period;
- The new order concerns the same respondent and protected person; and
- The prior final protective order was issued for at least six months.
This is different from requesting an extension of an existing order. A new protective order requires a new proceeding and satisfaction of the applicable statutory requirements.
7. Can the Court Change the Terms of a Protective Order During an Extension?
An extension primarily concerns the duration of the existing protective order.
If a person wishes to change particular terms of the order, such as restrictions on contact or other protective provisions, a request for modification may also be appropriate.
Maryland Family Law § 4-507(a)(1) provides a procedure for modifying an existing protective order after notice and a hearing.
Consequently, individuals seeking both additional time and changes to the existing terms should clearly identify the requested relief in their filing.
8. What Should You Do Before Your Protective Order Expires?
If you believe continued protection is necessary, it is important to act before your current order expires.
Review the expiration date, preserve relevant evidence, and consider whether the circumstances support a six-month extension for good cause or a longer extension under the specific requirements of Maryland law.
You should also be prepared to explain to the court why continued protection is appropriate.
Do not assume that your protective order will automatically renew simply because the circumstances that led to its issuance have not changed.
Although Maryland law permits extensions, a request must be made, and the court must determine whether the applicable legal standard has been satisfied.
Speak With a Maryland Protective Order Attorney
Whether you are seeking to extend a protective order or responding to a request for an extension, the outcome can have significant consequences.
Protective orders may affect contact between family members, access to a residence, temporary custody arrangements, and other important rights and obligations.
An attorney familiar with Maryland protective order proceedings can help evaluate the grounds for an extension, prepare supporting evidence, and represent your interests at the hearing.
Contact Raby Law Office to discuss your Maryland protective order matter and the legal options available to you.
Relevant Maryland Law and Court Resources
- Maryland Code, Family Law § 4-507 — Modification, Rescission, and Extension of Protective Orders.
- Maryland Code, Family Law § 4-506 — Final Protective Orders.
- Maryland Rule 9-308 — Modification, Rescission, and Extension.
- Maryland Judiciary Form CC-DC-DV-006 — Petition to Modify / Rescind / Extend Protective Order.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. The outcome of any protective order proceeding depends on the specific facts and applicable law.
Key Takeaway
File the extension request before the existing protective order expires; an extension requires the applicable statutory basis and court process.