Rule 9-308.Modification; rescission; extension
Last amended July 1, 2021 · Current through June 1, 2026 · Last verified September 8, 2026
Full Text of Rule 9-308
Amendment History
Maryland publishes each rule’s adoption and amendment record as a bracketed “Credits” note beneath the rule, giving the date of each Rules Order and the date it took effect. It is reproduced verbatim below.
[Adopted March 2, 2015, eff. July 1, 2015. Amended March 30, 2021, eff. July 1, 2021.]
Plain-English Summary
Protective orders are not fixed. On the filing of a motion, a judge may modify, rescind or extend one, with the statute governing when and how.
The rule adds a timing protection. Where a motion to extend a final protective order is filed before the order's original expiration date, the order does not simply lapse while the motion waits to be heard.
A committee note gives judges guidance beyond the statute's mechanics: although the statute automatically extends a protective order in certain circumstances, judges are encouraged to issue an order even where the automatic extension applies. An order in hand is worth more to a petitioner — and to the police — than a statutory extension nobody can see.
Frequently Asked Questions
Can a protective order be changed after it is issued?
Yes. Upon the filing of a motion, a judge may modify, rescind or extend a protective order.
What if my order expires before the extension is heard?
The rule addresses a motion to extend filed before the original expiration date of the order, and the statute provides for automatic extension in certain circumstances.
If the extension is automatic, why ask for an order?
The committee note encourages judges to issue an order even where the automatic extension applies — a written order is easier to rely on and to enforce than a statutory provision.