Usually, a petitioner can walk into any Maryland State court during office hours, file an application for a protective order, go before a judge that same day, and get a temporary protective order. A temporary protective order will usually be in effect for a week, but it can be extended if the respondent is not served with a copy of the protective order within a week. Once the respondent is served with the order, a final protective order hearing can be held. At this hearing, the respondent can provide his or her side of the story.
At the final protective order hearing, the respondent can either (a) agree to the entry of a protective order without admitting the allegations and without a judicial finding that the respondent committed any abuse; or (b) the respondent can ask for a trial, in which the petitioner will testify regarding the allegations. The Respondent can also testify at the trial, but this is not required. A party to a protective order should consult with an attorney to learn and understand the pros and cons of consenting to a protective order or requesting a trial.
By consenting, the respondent can avoid a finding of wrongdoing, but a final protective order will be put in place for one year. If, during that year, the petitioner accuses the respondent of violating the protective order, the Respondent will most likely be charged with the crime of violating a protective order, and they can be held in contempt for disobeying the order. Another downside to consenting is that a respondent cannot appeal later on as Maryland does not allow people to appeal orders they consent to.
If the respondent goes to trial and loses, there will be a finding of abuse against the respondent, and a year-long protective order will be put in place. However, if the respondent wins, then no protective order will be issued, and the respondent's freedom of movement and other rights will not be limited. Either party can appeal the result of the trial. The respondent in a protective order case should consult with a lawyer before deciding whether to consent to a final protective order or go to trial, as the facts of every case are different.