To drop a protective order in Maryland, the person who obtained it files a petition asking the court to rescind it, and a judge decides at a hearing whether to terminate the order. Under Maryland Family Law § 4-507, a protective order can be modified or rescinded at any time during its term, but only after notice and a hearing.1Maryland General Assembly. Maryland Code Family Law 4-507 – Modification or Rescission of Protective Orders Filing the paperwork does not end the order. The judge has the final say.
Who Files the Petition
In practice, the petitioner (the person who originally sought the order) is the one who files to rescind it. The court’s rescission form is structured around the petitioner’s request and asks the petitioner to explain why they want the order lifted.2Maryland Judiciary. Petition to Modify/Rescind/Extend Protective Order A respondent cannot unilaterally have the order removed through this process.
One boundary worth flagging before you start: this process applies to protective orders under the Family Law Article, which cover people with a close relationship such as current or former spouses, cohabitants, relatives, people who share a child, and people who had a sexual relationship within the past year. Peace orders, which cover neighbors, coworkers, and strangers, are governed by a different statute and have their own procedures.3Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 3-1503 If you have a peace order, ask the clerk’s office about the correct form.
The Form and Where to File
The form is the Petition to Modify/Rescind/Extend Protective Order, numbered CC-DC-DV-006. You can download it from the Maryland Courts website or pick up a copy at the clerk’s office.2Maryland Judiciary. Petition to Modify/Rescind/Extend Protective Order It asks for:
- The original case number
- The full names of the petitioner and respondent from the original order
- The date the protective order was issued
- Whether you want to modify, rescind, or extend the order (check “rescind” to terminate it)
- Your reasons for wanting the order dropped
File the completed form at the same courthouse that issued the original protective order.4Maryland Courts. Domestic Violence Part 6: Enforcing or Changing a Protective Order After you file, the clerk serves the respondent with a copy of your petition and the court schedules a hearing.2Maryland Judiciary. Petition to Modify/Rescind/Extend Protective Order The 30-day hearing deadline in the statute applies only to motions to extend, not to motions to rescind.1Maryland General Assembly. Maryland Code Family Law 4-507 – Modification or Rescission of Protective Orders Rescission hearings are typically scheduled promptly, but ask the clerk what to expect in your county.
What Happens at the Hearing
At the hearing, you explain why you want the order rescinded. The respondent may also appear and be heard. The court is not rubber-stamping your request. Even though you filed it, the judge independently evaluates whether lifting the order is appropriate.
Judges focus on a few concerns. The biggest is whether the request is truly voluntary. Courts see enough cases where a respondent pressures or threatens a petitioner into withdrawing an order that judges are trained to watch for signs of coercion. If the judge suspects pressure, the petition will likely be denied. The court also weighs whether circumstances have genuinely changed and whether any threat to the protected person remains.
The judge has three options: grant the rescission and terminate the order, deny the petition and leave the order in place, or modify the terms, for example relaxing certain restrictions while keeping others. If the petition is denied, the original order stays in effect for its full term.
If You Are Being Pressured to Drop the Order
Pressuring someone to withdraw a protective order is itself a form of abuse, and it can be a crime. Under federal law, using threats, intimidation, or coercion to influence a person’s participation in a legal proceeding can be prosecuted as witness tampering under 18 U.S.C. § 1512, carrying up to 20 years in prison when physical force or threats are involved. If someone is pressuring you to drop your order, that behavior is a reason the order exists.
The National Domestic Violence Hotline (1-800-799-7233) offers confidential support, safety planning, and referrals to local shelters, legal help, and counseling. You can also text “START” to 88788 or use the live chat on their website. Maryland Legal Aid (1-888-465-2468) provides free civil legal assistance to domestic violence survivors and can help you think through your options before you go forward.
What Changes for the Respondent Once the Order Is Lifted
A qualifying protective order triggers a federal ban on firearm possession. Under 18 U.S.C. § 922(g)(8), it is a federal crime to possess a firearm while subject to a protective order that was issued after a hearing, restrains the person from threatening or harassing an intimate partner or child, and either includes a finding of credible threat or explicitly prohibits the use of physical force.5Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Maryland courts can also order a respondent to surrender firearms as a condition of the order itself.
Once the order is rescinded, the federal firearms prohibition tied to it generally lifts. Database updates can lag, though. The NICS background check system may not reflect the termination right away, and a purchase attempt could still be denied. Keep a certified copy of the court order granting rescission. If a purchase is wrongly denied, the ATF has an appeals process for correcting erroneous NICS records.
Why You Should Not Just Ignore an Active Order
While a protective order is in effect, violating its terms is a criminal offense. Maryland law requires every protective order to state on its face that a violation can result in criminal prosecution, imprisonment, and fines.6New York Codes, Rules and Regulations. Maryland Code Family Law 4-508 – Penalties for Violations of Orders A second or subsequent violation can carry a $2,500 fine, up to one year in jail, or both, and the respondent can also be held in contempt. If the two of you simply agree to ignore the order without going through the court, the respondent is still exposed to arrest for any contact that breaks its terms. Formal rescission is the only way to end that risk.