Rule 3-731.Peace orders

Peace orders in Maryland are governed mainly by statute — Courts and Judicial Proceedings Article, Title 3, Subtitle 15 — and Rule 3-731 supplies the procedural mechanics that go with it. The petition has to substantially follow the form the State Court Administrator and the Chief Justice of the Supreme Court approve, which is posted on the Judiciary website and available at District Court clerks' offices. Service of an interim, temporary, or final peace order follows whichever statutory service provision applies to that stage of the case. When a petition is filed on behalf of a minor, the rule adds an extra layer: if a non-custodial parent filed it, the court must also mail notice of a temporary or final order to the custodial parent, and if a guardian filed it, the court mails notice to each parent.

Rule 3-731(d) addresses what happens as a peace order's term runs out. A judge can modify, rescind, or extend a peace order on motion, following the statutory standard. If someone files a motion to extend a final peace order before it expires but the hearing on that motion doesn't happen before the expiration date, the order automatically stays in effect until the hearing takes place — and the rule directs that the motion be presented to a judge without delay. A Committee note attached to this subsection points out that even though the statute can extend an order automatically, judges are still encouraged to enter their own order rather than relying on the automatic extension alone.