Person at a kitchen table reviewing court paperwork after a second-degree assault charge in Maryland

Charged with Second-Degree Assault After a Domestic Dispute in Maryland?

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An argument at home escalates, someone calls the police, and you’re facing a second-degree assault charge, possibly with a protective order hearing on the calendar.

An accusation is not a conviction.

October is Domestic Violence Awareness Month, and several Maryland laws affecting assault cases and protective orders changed on October 1, 2026. Here’s what those changes mean for people in Anne Arundel County, Kent County and elsewhere in Maryland.

What Counts as Second-Degree Assault in Maryland?

Under Maryland Criminal Law § 3-203, second-degree assault can involve unlawful physical contact, an attempt to cause harmful contact, or conduct intended to put someone in reasonable fear of immediate harmful contact.

A visible injury is not always required. The State must still prove every element of the offense beyond a reasonable doubt.

In most cases, second-degree assault is a misdemeanor punishable by up to 10 years in prison, a $2,500 fine or both. These are maximum penalties, not automatic sentences. The outcome of an individual case depends on the evidence, the circumstances and the applicable law.

For a closer look at the arrest process, see our article on assault and battery charges in Anne Arundel County.

What Makes an Assault Charge “Domestically Related”?

Maryland has no separate crime called “domestic assault.” These cases are usually prosecuted under the same second-degree assault law.

Under Criminal Procedure § 6-233, if a defendant is convicted or receives probation before judgment (PBJ), the State’s Attorney can ask the court to find the crime was domestically related. That can apply to a current or former spouse, certain relatives or cohabitants, or someone who had a sexual relationship with the defendant within the past 12 months.

The State must prove the required circumstances by a preponderance of the evidence, meaning more likely than not. If the court makes that finding, it becomes part of the court record.

PBJ means the court withholds a judgment of conviction and places the defendant on probation. It is not the same as a dismissal.

Why Does a Domestically Related Finding Matter?

Expungement. Under Criminal Procedure § 10-110, an eligible second-degree assault conviction has a 7-year waiting period after the sentence is completed before an expungement petition can be filed. A domestically related conviction carries a 15-year waiting period.

These periods apply to convictions. PBJ dispositions follow separate eligibility and waiting-period rules under Criminal Procedure § 10-105. Our Maryland Expungement Guide explains the record-clearing process.

Firearms. Under Public Safety § 5-101, a second-degree assault conviction is a disqualifying crime for regulated firearms. A PBJ in a domestically related crime can also be treated as a disqualifying disposition under Maryland firearm law, even though PBJ ordinarily does not result in a judgment of conviction.

What Changed on October 1, 2026?

1. Certain Earlier Witness Statements May Be Admitted at Trial

Maryland already had a rule allowing certain earlier witness statements to be admitted in felony trials when a party wrongfully caused a witness to become unavailable. Under Senate Bill 465 (Chapter 529 of 2026), that rule, sometimes called forfeiture by wrongdoing, now also covers trials involving second-degree assault.

The rule has strict limits:

  • A judge must hold a hearing outside the jury’s presence and find, by a preponderance of the evidence, that the defendant engaged in, directed or conspired in wrongdoing intended to make the witness unavailable, and that the wrongdoing actually caused the witness’s unavailability.

  • Only certain statements qualify: sworn testimony from qualifying proceedings, written and signed statements, or statements recorded substantially word for word when made.

  • The party seeking to introduce the statement must give advance notice after learning the witness will be unavailable.

The practical lesson: don’t assume a case will disappear if the alleged victim no longer wants to participate. Never attempt to pressure or improperly influence a witness. If a no-contact condition or protective order applies, follow it exactly.

2. Temporary Protective Orders Now Last Longer

A protective order is a separate civil proceeding, even when it arises from the same incident as a criminal assault charge.

Under House Bill 497 (Chapter 791 of 2026), a temporary protective order now lasts up to 14 days after issuance, rather than the previous seven days after service. The final protective order hearing must take place within that period, although extensions and continuances are allowed in certain circumstances. The 14-day period begins when the court issues the order, not when the respondent receives it.

A protective order can restrict contact even if the other person wants to talk. A text message or invitation to come home does not change its terms.

For more information, read our guide to peace orders and protective orders in Maryland.

Can My Spouse Refuse to Testify Against Me?

Generally, yes. Under Courts and Judicial Proceedings § 9-106, a spouse cannot be compelled to testify as an adverse witness against the other spouse in a criminal trial.

However, there are exceptions. A spouse may be required to testify when:

  • The charge involves abuse of a child under 18.

  • The couple married after the alleged offense.

  • The defendant was previously charged with assaulting the same spouse, and at the earlier trial the spouse was sworn to testify but refused under Maryland’s spousal privilege law.

A spouse’s decision not to testify does not automatically end a criminal case. The State’s Attorney decides whether to continue the prosecution, and the State may have other admissible evidence.

What Should You Do Before Your Court Date?

  • Understand your paperwork. Review your charging documents, release conditions and any protective order. Confirm every scheduled court date.

  • Follow every court-ordered restriction. Do not assume a no-contact condition disappears because the other person reaches out first.

  • Preserve relevant information. Keep text messages, photographs and other records rather than deleting or altering them.

  • Be careful discussing the allegations. Messages, social media posts and statements to others may become evidence.

Charged with Second-Degree Assault in Anne Arundel or Kent County?

I represent clients facing assault and domestic violence charges in Anne Arundel County and Kent County. Whether your case comes from Pasadena, Glen Burnie or Chestertown, I can help you understand the allegations, the court process and your legal options.

No attorney can guarantee a particular result, but understanding where you stand is an important first step. Contact my office for a free consultation.

Frequently Asked Questions

Can the alleged victim drop domestic assault charges in Maryland? Not on their own. Once charges are filed, the State’s Attorney’s Office decides whether to continue the prosecution. The State may proceed if it believes there is sufficient admissible evidence, even when the alleged victim does not want to participate.

Is second-degree assault a felony in Maryland? Usually not. Most second-degree assault charges are misdemeanors. However, intentionally injuring certain law enforcement officers, parole or probation agents, or first responders is a felony under the same statute, with up to 10 years in prison, a $5,000 fine or both.

The information in this article (“article”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Two people reviewing and signing documents for a Maryland peace order or protective order case

Peace Order vs. Protective Order in Maryland: What Happens After You’re Accused

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If someone has filed a peace order or protective order against you in Maryland, you are the respondent, and much of the information available online focuses on petitioners: the people seeking protection. This article focuses on what respondents should understand about the process. It explains, in plain terms, what these orders are, what happens at the temporary and final hearings, and what a violation charge actually looks like.

Peace order vs. protective order: the core difference

Maryland separates these two orders based on your relationship to the person filing (the petitioner). Both can restrict where you go and who you contact, but they run through different courts and carry different stakes. The questions a judge weighs, and the relief available, differ depending on which order applies.

Protective order

A protective order turns on three questions:

  • Is the petitioner eligible for relief? Protective orders are generally available when the petitioner qualifies as a “person eligible for relief” under Maryland’s Family Law Article. Eligibility includes certain spouses, relatives, cohabitants, people who share a child, and individuals who meet other specific statutory relationship requirements. Maryland law defines these eligibility categories specifically, so the exact relationship between the parties can matter.

  • Does the petition allege statutory “abuse”? The proceeding generally focuses on whether conduct that meets the statutory definition of abuse occurred.

  • What relief is available? A temporary or final protective order can reach further than a peace order, including, in applicable cases, use and possession of a shared home and certain other family-related relief.

Peace order

A peace order is generally used when the petitioner does not qualify for a protective order. It turns on questions like:

  • Does the petitioner fall outside the protective-order eligibility categories? Peace orders commonly arise between neighbors, coworkers, acquaintances, and others who do not qualify for protective-order relief.

  • Does the petition allege a qualifying act within the applicable statutory period? In most cases, the alleged act must have occurred within 30 days before the peace-order petition was filed. Peace orders cover specific conduct listed in Maryland’s peace-order statute.

  • Is the respondent alleged to have committed — and, for final relief, likely to commit — a qualifying act? Peace orders are generally handled through the District Court system and are governed by Maryland’s Courts and Judicial Proceedings Article.

The relationship determines the label, and the label determines the consequences. A protective order can sit alongside criminal charges and can carry longer-term collateral effects. Because eligibility for a protective order depends on specific statutory categories, the nature of the relationship can be an important issue for a protective order defense lawyer in Maryland to examine when defending the case.

Stage one: the temporary order (often ex parte)

Many cases begin before the respondent has an opportunity to participate in the initial hearing. When a petitioner files, a court can grant relief based only on the petitioner’s account. You typically aren’t present and haven’t testified. This is the ex parte stage. Depending on when and where the petition is filed, the process may begin with an interim order issued by a District Court commissioner or a temporary order issued by a judge.

An interim or temporary order can order you to:

  • Stay away from the petitioner’s home, work, or school

  • Refrain from contacting them by phone, text, social media, or through third parties

  • Leave a shared residence

In some protective-order cases, Maryland law may require the respondent to surrender firearms. Maryland’s protective-order statutes include specific firearm-surrender and recovery provisions that primarily apply to protective orders, not peace orders.

Temporary orders are intended to provide protection while the case proceeds to a final hearing. The timing depends on the type of order, service, court scheduling, and whether the hearing is continued. The single most important thing at this stage: follow the order to the letter, even if you believe the allegations are false. Violating an active order can create separate criminal exposure while the underlying civil case is still pending.

Stage two: the final hearing

The final hearing is where the case is generally decided and where the respondent has a formal opportunity to present their side. Both parties can testify, present evidence, and call witnesses. Maryland’s statutes expressly provide that the respondent has an opportunity to be heard regarding issuance of a final order before a judge decides whether to issue a final order.

The burden of proof

Unlike a criminal trial, the petitioner does not have to prove their case “beyond a reasonable doubt.” The standard is generally a preponderance of the evidence, meaning more likely than not. That lower bar is exactly why respondents who assume “they have no proof” are sometimes caught off guard.

The two proceedings also focus on different questions. In a protective-order case, the statute generally focuses on whether the alleged abuse occurred. In a peace-order case, the judge generally considers whether the respondent committed a qualifying act and is likely to commit one in the future. The standard of proof is similar, but the underlying findings are not identical.

What a final order can do

  • For peace orders: impose no-contact or stay-away restrictions for the period set by the court, generally up to six months

  • For protective orders: impose restrictions for up to one year in many cases, with longer periods, extensions, or permanent orders possible in certain circumstances under Maryland law

  • Depending on the type of order, affect contact, where a respondent may go, use of a shared residence, firearms, and, in protective-order cases, certain family and household issues

  • In protective-order cases, require continued surrender of firearms under the applicable statutory provisions

  • Create a court record that may have consequences in future legal proceedings and, depending on the type of search or background screening involved, may be discoverable by others. Maryland law also provides procedures in certain circumstances for shielding some peace-order and protective-order records from public inspection.

Because these consequences reach into housing, parenting, and employment, the final hearing is not a formality. Because the final hearing may involve testimony, documents, witnesses, and procedural rules, preparation can significantly affect how the case is presented. For respondents facing these allegations, speaking with a peace order attorney in Maryland before the hearing may help them better understand the process and the issues involved.

Stage three: what a violation charge actually looks like

Here is where many respondents misunderstand the risk. The underlying order proceeding is generally civil in nature, but violating certain terms of an active order can result in criminal prosecution and, in some circumstances, contempt proceedings.

If you contact the petitioner, go somewhere the order prohibits you from going, or violate another enforceable restriction in the order, you may face a separate criminal charge. If law enforcement has probable cause to believe that you violated an active qualifying order, Maryland law generally requires the officer to arrest and take the alleged violator into custody, which can lead to a separate criminal case with a prosecutor involved. Maryland’s statutes currently provide criminal penalties for violating a qualifying peace or protective order: for a first offense, up to 90 days in jail, a fine of up to $1,000, or both; for a second or subsequent offense, up to 1 year in jail, a fine of up to $2,500, or both. A prior conviction under one type of order can count toward enhanced penalties under the other. Contact can include more than an in-person meeting. Direct messages, phone calls, emails, and attempts to communicate through another person may violate an order depending on the order’s specific terms and the circumstances.

Practical protection while an order is in place:

  • Do not contact the petitioner except as specifically permitted by the court order

  • Do not assume that contact initiated by the petitioner changes or cancels the order. Until the court modifies or terminates it, follow its terms exactly

  • If you accidentally encounter the petitioner, avoid unnecessary interaction, leave if you can safely do so, and document the circumstances (place, time, witnesses)

  • If communication is genuinely necessary, for example, regarding children or property, follow any communication provisions written into the order and seek legal advice before taking action

When criminal allegations and a protective order arise from the same events, coordinating the defense of both matters can be important. That is why a domestic violence defense attorney in Maryland may approach a related order and any criminal charges as connected issues rather than entirely separate problems.

Why respondent-side representation matters early

Petitioners often have advocates and resources guiding them; respondents frequently walk in alone and underestimate the stakes. Getting the relationship classification right, preparing for the preponderance standard, and avoiding any conduct that creates a violation are decisions best made before the final hearing, not after.

The Law Office of David Mabrey handles criminal defense matters and represents respondents in Anne Arundel and Kent Counties. To learn how these orders may apply to a situation, consider speaking with a licensed attorney about your specific circumstances.

Accused as the respondent in a peace order or protective order matter in Anne Arundel or Kent County? Don’t wait until your final hearing to understand what’s actually at stake. Get respondent-side representation before your final hearing and understand the steps you can take to avoid additional criminal exposure.

👉🏼 Contact David N. Mabrey, Attorney at Law

Two convenient locations:

Chestertown
107 Court St, Chestertown, MD 21620
Office: 410-778-1630

Pasadena
8611 Fort Smallwood Rd C, Pasadena, MD 21122
Office: 443-702-7708
Fax: 443-702-7709
Cell: 443-848-2878 (Cell for Emergency/New Accident Only)

The information in this article is provided for general informational purposes only and may not reflect the current law applicable to your particular circumstances. Nothing in this article constitutes legal advice or creates an attorney-client relationship. You should consult a licensed attorney about the specific facts and circumstances of your case.

Frequently Asked Questions

What is the difference between a peace order and a protective order in Maryland?

The difference comes down to your relationship to the person filing. A protective order is generally available when the petitioner qualifies as a "person eligible for relief" under Maryland's Family Law Article. This includes certain spouses, relatives, cohabitants who meet statutory requirements, people who share a child, and individuals who meet other specific statutory relationship criteria. A peace order covers everyone else, such as neighbors, coworkers, or acquaintances, and is governed by the Courts and Judicial Proceedings Article. The exact relationship and circumstances matter, because the category affects the potential consequences and the relief available.

How long does a final peace order or protective order last in Maryland?

A final peace order generally lasts up to six months. A final protective order generally lasts up to one year in many cases, with longer periods, extensions, or permanent orders possible in certain circumstances under Maryland law. The exact duration is set by the court based on the type of order and the facts of the case.

Can I be arrested for violating a peace order or protective order?

Yes. While the underlying order proceeding is generally civil, violating certain terms of an active order can result in criminal prosecution and, in some circumstances, contempt proceedings. If law enforcement has probable cause to believe you violated an active qualifying order, Maryland law generally requires the officer to arrest and take the alleged violator into custody. Maryland statutes currently provide penalties for a first offense of up to 90 days in jail, a fine of up to $1,000, or both; and for a second or subsequent offense, up to 1 year in jail, a fine of up to $2,500, or both. A prior conviction under one type of order can count toward enhanced penalties under the other.

What counts as 'contact' under a Maryland no-contact order?

Contact can include more than an in-person meeting. Direct messages, phone calls, emails, and attempts to communicate through another person may violate an order depending on the order's specific terms and the circumstances. Do not assume that contact initiated by the petitioner cancels or changes the order. Until the court modifies or terminates it, follow its terms exactly. The safest approach is to contact the petitioner only as specifically permitted by the court order.

What is the burden of proof at a final protective or peace order hearing?

Unlike a criminal trial, the petitioner does not have to prove the case beyond a reasonable doubt. The standard is generally a preponderance of the evidence, meaning more likely than not. The proceedings also focus on different questions: a protective-order case generally focuses on whether the alleged abuse occurred, while a peace-order case generally considers whether the respondent committed a qualifying act and is likely to commit one in the future.

Does the Law Office of David Mabrey represent respondents in these cases?

Yes. The Law Office of David Mabrey handles criminal defense matters and represents respondents, the people accused, in Anne Arundel and Kent Counties, where the firm maintains offices. To understand how a peace or protective order may apply to a specific situation, consider speaking with a licensed attorney about your circumstances.

Lawyer helping to file peace order

What to Know About Maryland Peace Orders

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Are you being harassed or worried for your safety? Has someone been stalking you, threatening you, or making you feel increasingly uncomfortable?  If you are in a situation where you feel the best way to keep yourself or your family safe is by legally having someone stay away, refrain from contacting you, or stop their behavior towards you, then you may need to consider filing a peace order. 

What is a peace order?

A peace order is a court-ordered form of legal protection for someone experiencing problems with another individual. Its function is to protect an individual by requiring the other party to refrain from coming near them or continuing behavior that’s intended to harm the other party.

A petitioner (the person filing the peace order) may seek a peace order if the respondent (the individual accused of the wrongdoing) committed certain acts against them within 30 days before the petition is filed, such as assault, harassment, stalking, trespass, or malicious destruction of property. 

A peace order can include any action which may put the petitioner in potential harm’s way including:

  • Harming, hurting, or touching
  • Threatening the victim
  • Stalking
  • Coming within a certain distance
  • Visiting the home or workplace of the petitioner
  • Speaking with or attempting to contact the individual (physically or through other means of communication i.e. text, letter, a third party, etc.)

Traditionally a peace order would only be filed on behalf of the individual for themselves or someone in their care such as their child. 

Effective 10/1/2021, HB 289 Chapter 341 authorizes an employer to file a peace order for their employee for certain acts that happen at the workplace.

Difference between a peace order and protective order in Maryland

You may have heard the terms protective order and peace order used interchangeably. In some regards, they are very similar. Both peace orders and protective orders serve the purpose of protecting victims by refraining another party from interacting or getting close to them. While these two court orders are very similar they are in fact different. 

The differences mainly stem from the nature of the relationship the victim/petitioner has with the culprit/respondent. 

A protective order is filed when the two parties are in a domestic relationship. Parent and child, spouses, cohabitors, those in or who previously were in a sexual relationship within 1 year of the petition being filed, etc. When it comes to protective orders, the petitioner can be the individual looking to protect themselves (or family members) but it can also be the State’s Attorney or the department of social services on behalf of a child or vulnerable person. 

A peace order is filed when the two parties are not in a domestic relationship. The accused person could be someone the victim knows such as a neighbor, acquaintance, co-worker, past boyfriend/girlfriend or they could be a stranger. 

Depending on the situation, a victim will qualify for either a peace order or a protection order. If you’re unsure, an attorney can help you decide what is best and how to file.

How to file a peace order in Maryland

Filing a peace order in Maryland does not take many steps but the process of obtaining a peace order can be a long and stressful one especially if you’re in a situation where you’re scared or you feel that time is of the essence. 

Here is the process of filing and obtaining a peace order: 

  • Start by filling out a series of forms
  • Next, file the paperwork with the clerk in a District Court
  • If courts are closed you can submit the paperwork to the District Court Commissioner’s office. (only choose this option if the District Court is closed)
  • Depending on where you filed your forms, you will have a hearing immediately.
    • If filed with the Commissioner, you will have an interim hearing right away. 
      • If the commissioner believes you qualify then they will provide an interim peace order and schedule a date for a temporary hearing at the District Court.
    • If filed with the District Court you will skip the interim hearing and peace order and will have a temporary hearing right away to see if you qualify for a peace order.
  • If the judge believes that you qualify for a peace order they will provide a temporary peace order, which lasts seven days.
  • At this point, you will work with the courts to schedule your final hearing
  • During this time, law enforcement will attempt to serve copies of your petition to the other party.
  • Finally, you will have a final hearing to provide evidence. The respondent may likely be at this hearing to provide evidence as well.  

Once you’ve obtained a peace order, it will remain in effect for up to six months. This can be extended by the courts if necessary. 

Unfortunately for some, a peace order is not guaranteed. It’s important that this process is done correctly and that evidence is properly presented or else the courts may find that you do not qualify for one. 

A lawyer who specializes in peace orders can help you through each step in this process to help you ensure the best outcome. 

How a peace order lawyer can help

When it comes to peace order protections, one does not require a lawyer. However, it can be advantageous for an individual to seek legal counsel especially if the abuser has a lawyer. If one is worried for their safety, or their family’s safety, they shouldn’t risk the peace order being denied. 

Having a lawyer can help the petitioner in many ways:

  • Helping them to understand the process
  • Giving guidance on filing the petition and other necessary documents
  • Providing steps and insights along the way 
    • I.e. how to keep a petitioner’s address and contact information private on court documents that are given to the respondent.
  • Knowing what to keep and provide as evidence
  • Understanding timeframes and deadlines

At the end of the day, a lawyer is there to help a victim ensure that their peace order goes off without a hitch. If you’re worried about your safety or your family, the last thing you want is for your peace order to be denied. 

At the Law Offices of David Mabrey, we provide personal attention to every client that walks through our doors. We believe that this is crucial especially when it comes to the time-sensitive nature of something like a peace order. If you’re in Maryland and looking for a peace order lawyer, then consider giving us a call. We provide the experience and the care to help you protect yourself and/or your family. 

Two convenient locations!

CHESTERTOWN

107 Court St, Chestertown, MD 21620

Office: 410-778-1630

PASADENA

8611 Fort Smallwood Rd, Suite C, Pasadena, MD 21122

Office: 443-702-7708
Fax: 443-702-7709
Cell: 443-848-2878 (Cell for Emergency/New Accident Only)

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