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Common Misuses of Domestic Violence Protective Orders in Maryland

Lesley Atkinson Feb. 25, 2025

At Atkinson Law, we have been defending against Domestic Violence Protective Orders (DVPOs) for over 20 years, serving clients from our offices in White Marsh and Bel Air, Maryland.

One of the common questions we get while defending a Protective Order Petition is the if I didn’t do anything wrong, why is my partner or ex-partner seeking a Protective Order. 

While Domestic Violence Protective Orders (DVPOs) serve as a crucial legal tool to protect victims of abuse in Baltimore and throughout Maryland, they can sometimes be misused for personal gain. Understanding both the legitimate and fraudulent use of DVPOs is essential for ensuring fairness in the legal system.

Common Misuses of Domestic Violence Protective Orders

  1. False or Exaggerated Allegations – Individuals sometimes file false claims to gain an advantage in legal matters such as custody disputes or divorce proceedings.  Under the preponderance of the evidence standard, the Judge only has to find that it is more likely than not that prohibited conduct occurred and that there is a substantial likelihood that the prohibited conduct will occur again.

  2. Custody & Divorce Strategy – A protective order can limit a parent’s access to their children, sometimes leading to unfair custody decisions.  While this custody order can be overridden by an Order in Family Court, sometimes it takes time for the Family Law case to navigate its way through the system.

  3. Eviction of a Partner – Some misuse DVPOs to force a spouse or partner out of the home, even when no real threat exists.  This misuse utilizes the stay away provision that forces a partner out of a shared home creating an additional financial burden on the respondent to make alternative living arrangements.

  4. Harassment & Retaliation – Protective orders can be weaponized to punish an ex-partner or damage their reputation.

A.    Impact on Employment & Background Checks – A protective order can appear on background checks, affecting professional opportunities.

B.     Repeated or Frivolous Filings – Some individuals file multiple petitions to harass or burden the respondent, even after prior denials.

C.    Manipulating Law Enforcement – The legal protections provided by a DVPO can be used to have someone arrested unfairly.

Statistics on Domestic Violence & Protective Orders in Maryland

  • Protective Order Filings: In 2022, over 30,000 protective orders were filed in Maryland, with a significant portion originating in Baltimore County and Baltimore City. (Maryland Courts)

  • False Allegations: Studies suggest that 8-15% of protective orders involve false or exaggerated claims, impacting the lives of those falsely accused. (National Coalition for Men)

  • Impact on Custody Cases: Research indicates that over 70% of contested custody cases involve allegations of abuse, some of which are unsubstantiated. (American Psychological Association)

Protecting Your Rights

Having an attorney skilled in defending against protective orders is essential. At Atkinson Law, we have been representing clients in DVPO cases for over two decades. Let us put our experience to work for you. Contact us today at 410.882.9595 to schedule a consultation and discuss your case.