Proposed Changes to Maryland Protective Orders Making Their Way Through the Legislature During the 2026 Session

In the landscape of Maryland domestic violence law, things move quickly. For years, the timeline for obtaining a protective order has been a whirlwind: a petitioner files, a temporary order is served, and a final hearing is held—all within about seven days.

However, House Bill 497 (HB 497), introduced in the 2026 legislative session, proposes some of the most significant changes to this process in recent history. If passed, the bill—which would take effect October 1, 2026—will fundamentally change how both victims and the accused navigate the court system in the context of a domestic violence protective order.

Whether you are seeking protection or defending against an order, here is what you need to know about the proposed shifts in the law.

1. Increasing a temporary order from 7 to 14 days

Currently, once a person (the "Respondent") is served with a Temporary Protective Order (TPO), a Final Protective Order hearing must be held within 7 days. HB 497 proposes to double this timeline. If the bill passes, TPOs will last for up to 14 days. The final protective order hearing is scheduled at the time that the temporary protective order is issued, and if HB 497 passes.

Why this matters:

• For Petitioners (those seeking protection): A one-week turnaround is often not enough time to gather evidence, subpoena witnesses, or find an attorney. This extra week provides "breathing room" to ensure your case is fully prepared.

• For Respondents (the accused): Being served with a TPO often involves being immediately removed from your home or losing access to your children. A 7-day window makes it incredibly difficult to find legal counsel and build a defense. While the 14-day rule gives additional time to prepare a defense, it also increased the time a Respondent must abide by a TPO before having an opportunity for the judge to hear their case.

2. Restitution: Paying for the Impact of Abuse

One of the most impactful parts of HB 497 is the expansion of "relief" a judge can grant. Currently, a judge can order a respondent to stay away, surrender firearms, and pay "emergency family maintenance" (similar to temporary alimony or child support).

The Change: HB 497 allows the court to order the Respondent to pay for specific losses or expenses incurred as a direct result of the abuse. This includes:

• Medical, dental, or mental health treatment costs

• Repair or replacement of damaged property

• Relocation costs, including temporary shelter and food

• Transportation expenses

• Reasonable attorney’s fees

Why this matters:

Historically, if a victim had to flee to a hotel or replace a smashed phone, they would have to file a separate civil lawsuit to get that money back—a process many victims simply can’t afford. HB 497 streamlines this by allowing the judge to award these damages right then and there during the protective order hearing.

On the other hand, protective order proceedings move quickly, and the issues for the court to decide are narrow. Unlike a family law trial, the parties are not entitled to discovery or information from the other side. This means a court may be making these decisions with little evidence or background given the nature of a protective order trial.  

Further, the attorney’s fees provision only works one way. If a court finds the Petitioner not credible and does not grant the protective order, the new law would not permit the Respondent to seek attorney’s fees from the Petitioner. 

3. "The Second Bite at the Apple" Rule

The bill explicitly states that receiving a monetary award in a protective order does not stop a petitioner from filing a separate lawsuit later for additional damages. For example, if a judge awards $500 for a broken window during the protective order hearing, but the victim later realizes there are $10,000 in long-term medical bills, they can still sue for the remaining amount in a different civil case.

What Should You Do Now?

If You Are Seeking a Protective Order:

While the bill has not yet passed (it is still in the legislative process), the current system is still designed to act fast.

• Document Everything: Even under the new law, you will need to prove "by a preponderance of the evidence" (meaning it's more likely than not) that the abuse occurred.

• Keep Receipts: If HB 497 passes, your receipts for hotels, doctors, and repairs will become vital evidence for getting reimbursed.

If a Protective Order Has Been Filed Against You:

A protective order is a civil matter, but violating one is a criminal offense that can lead to jail time.

• Do Not Contact the Petitioner: Even if they contact you first, responding is a violation of the order.

• Seek Counsel Immediately: With the potential for the court to order you to pay for the petitioner's moving costs, medical bills, and even their attorney's fees, the financial stakes of losing a hearing have never been higher.

• Gather evidence: Save emails, texts, photos, social media posts, etc. that support your side of the story.

The Bottom Line

HB 497 has its pros and cons, depending on what side of the case you are on. Even with an extension from 7 days to 14 days, final protective order hearings occur quickly, and you should consult with an attorney to ensure you are prepared and your interests are protected. 

Note: Legislation can change as it moves through the General Assembly. Always consult with a licensed Maryland attorney to understand how the current law applies to your specific situation.