What Should You Do After Being Served With a Protective Order?

 Posted on April 22, 2026 in English

If you have just been served with a protective order, the first thing you need to do is read it carefully and follow every restriction it contains, even if you believe the allegations are untrue. Violating the order, even in a small way, can make your situation much worse before you ever get the chance to tell your side of the story.

It’s normal to feel blindsided, angry, or confused, but the decisions you make right now will shape what happens next. Getting legal help immediately is the most important step you can take. Our Montgomery County, MD criminal defense lawyer can help you understand your rights and fight for a fair outcome.

What Is a Protective Order and What Does It Actually Require in Maryland?

A protective order is a legal document issued by a court that places restrictions on your behavior and your contact with a specific person. The exact terms vary depending on the case. Still, common restrictions include a requirement to stay away from the protected person's home, workplace, or school; prohibition against having any contact with that person by phone, text, email, or social media; and, in some cases, needing to move out of a shared home even if you are on the lease or own the property.

You are legally bound by every term in the order from the moment you are served, even if the order was based on a one-sided account or information you believe is false. The way to challenge it is in a court proceeding, not by ignoring what the order says.

Types of Protective Orders in Maryland

Knowing what kind of order you are dealing with matters because each one works differently. In Maryland, there are three main types:

• An interim protective order is issued by a District Court commissioner, often late at night or on weekends, without you present. It lasts until a judge can hold a temporary protective order hearing, usually the next business day.

• A judge issues a temporary protective order after a hearing where only the petitioner appears. It typically lasts up to seven days until a final hearing is scheduled.

• A final protective order is issued after a hearing where both sides have the chance to appear and present evidence. It can last up to one year, or up to two years in certain circumstances, and can be extended further in some cases.

Knowing which type of order you have tells you how much time you have before the next hearing and what you need to start preparing.

Can You Fight a Protective Order in Maryland?

You have every right to fight a protective order. It’s not a conviction. The hearing that follows a temporary order is your chance to present your side of the story, and a good attorney will make sure that side is heard clearly and completely.

The petitioner has to show the court that it is more likely than not that the alleged conduct occurred. You can challenge their account, bring your own witnesses and evidence, and point out any inconsistencies in what they have told the court.

Under Maryland Code, Family Law § 4-506, you have the right to appear at the final protective order hearing, present evidence, and cross-examine witnesses. That right matters, and exercising it with an attorney's help can make all the difference.

What Happens if You Violate a Protective Order in Maryland?

Even if you feel the order is unfair, violating it will only make things harder for you. Under Maryland Code, Family Law § 4-509, a first violation can result in up to 90 days in jail and a fine of up to $1,000. Subsequent violations carry heavier penalties, and any violation involving an act of violence is treated much more seriously.

What Mistakes Should You Avoid When Under a Protective Order?

Some of the most common and damaging mistakes people make include contacting the petitioner directly to try to work things out, asking friends or family to pass messages along, showing up anywhere the petitioner is likely to be, and posting about the situation online. All of these actions can be brought up in court and used against you in ways that are very hard to undo.

One thing that trips people up is thinking that if the protected person reaches out to them first, it is safe to respond. It is not. The order restricts your behavior, not theirs. Even if they initiate contact and say it is fine to talk, responding can still be treated as a violation.

The only place to address what happened is in a courtroom, with your attorney standing beside you.

Schedule a Free Consultation With Our Rockville, MD Domestic Violence Defense Attorney for Protective Orders

At Law Offices of Mallon Snyder, we are available 24 hours a day, seven days a week, so you have reliable legal representation when you need it. Attorney Snyder has more than 45 years of legal experience and strong relationships with the judges who handle these cases in Montgomery County. He also offers a genuine willingness to fight hard in court rather than push for a quick resolution. Call 301-762-7500 to talk through your situation with our Montgomery County, MD criminal defense lawyer today.

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