Maryland's House of Delegates voted 127-0 on March 23, 2026, to pass HB 497, which doubles the duration of temporary protective orders from 7 days to 14 days under Md. Code, Fam. Law § 4-505. The bill also requires final protective order hearings within that 14-day window and adds explicit reimbursement provisions for victims — changes that bring Maryland in line with the majority of states and directly affect how divorce and separation cases involving domestic violence proceed.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Maryland House passed HB 497 unanimously (127-0) on March 23, 2026 |
| What it does | Doubles temporary protective order (TPO) duration from 7 to 14 days |
| Key statute affected | Md. Code, Fam. Law § 4-505 (temporary protective orders) |
| New provision | Final protective order hearings must occur within the 14-day TPO window |
| Reimbursement added | Respondents can be ordered to reimburse victims for property damage, phone replacement, and related losses |
| Next step | Bill moves to the Maryland Senate for consideration during the 2026 session |
Why This Matters Legally
This bill addresses a real gap in Maryland's domestic violence protections. Under the current 7-day temporary protective order window established by Md. Code, Fam. Law § 4-505, victims must prepare for a final hearing in under a week — often while relocating, securing childcare, and dealing with the immediate aftermath of abuse. Seven days is not enough time for most people to retain an attorney, gather evidence, and appear in court.
The unanimous 127-0 vote signals that this is not a partisan issue. Both sides of the aisle recognized that the existing 7-day window created a procedural bottleneck that put victims at a disadvantage. According to the National Conference of State Legislatures, more than 35 states already provide temporary protective order durations of 10 days or longer, meaning Maryland's current law places it in the minority.
The reimbursement provision is equally significant. Under current Maryland law, final protective orders can include provisions for temporary custody, use of a shared home, and stay-away requirements under Md. Code, Fam. Law § 4-506. HB 497 adds explicit authority for judges to order respondents to reimburse victims for out-of-pocket losses caused by the abuse — things like broken phones, damaged property, emergency hotel stays, and lock changes. These costs are real and immediate, and until now, victims often had to absorb them or pursue separate civil claims.
How Maryland Law Handles Protective Orders
Maryland's protective order framework operates under Md. Code, Fam. Law §§ 4-501 through 4-512. The process currently works in two stages:
First, a petitioner files for an interim or temporary protective order with the District Court or Circuit Court. A judge can issue an interim protective order the same day if the court finds reasonable grounds to believe abuse has occurred, per Md. Code, Fam. Law § 4-504.1. The temporary protective order hearing then follows within 7 days under Md. Code, Fam. Law § 4-505.
Second, the final protective order hearing determines whether longer-term protections are warranted. Under Md. Code, Fam. Law § 4-506, a final protective order can last up to 1 year and may be extended for an additional period up to 2 years. Final orders can include:
- Ordering the respondent to vacate the shared home
- Granting temporary custody of minor children
- Establishing temporary visitation schedules
- Awarding temporary use of a vehicle
- Ordering the respondent to participate in counseling
HB 497 changes the timeline of that first stage from 7 to 14 days and adds the reimbursement authority to the second stage. The bill does not change who qualifies for a protective order or the legal standard for granting one. Maryland law defines "abuse" under Md. Code, Fam. Law § 4-501 to include assault, threats of force, false imprisonment, and stalking by a current or former spouse, cohabitant, relative, or person with whom the victim has a child.
For people going through divorce, this matters because protective orders and divorce proceedings often run on parallel tracks. A final protective order that grants temporary custody or exclusive use of the marital home can shape the early dynamics of a divorce case. The additional 7 days gives petitioners more time to coordinate their protective order strategy with their broader family law representation.
Practical Takeaways
-
If you are currently in a dangerous situation in Maryland, the existing protective order process remains in effect until HB 497 is signed into law. File for an interim protective order at your local District Court — judges can issue same-day orders when there is an immediate danger of abuse.
-
Once HB 497 takes effect, the 14-day temporary protective order window gives you nearly twice as long to prepare for your final hearing. Use that time to gather documentation: photographs of injuries or property damage, text messages, medical records, and police reports. Evidence collection is the single most important factor in final protective order hearings.
-
The new reimbursement provision means you should start tracking out-of-pocket expenses caused by the abuse now. Keep receipts for phone replacements, lock changes, emergency housing, property repairs, and any other costs directly tied to the respondent's conduct. Maryland courts will need documentation to order reimbursement.
-
If you are going through a divorce and also seeking a protective order, coordinate with your family law attorney on timing. A final protective order that addresses custody, housing, and now financial reimbursement can establish important precedents before the divorce case reaches those same issues.
-
The bill still needs to pass the Maryland Senate and be signed by the governor. Track its progress on LegiScan or the Maryland General Assembly website. If you want to support the bill, contact your state senator directly.
Frequently Asked Questions
Is HB 497 already law in Maryland?
No. HB 497 passed the Maryland House of Delegates 127-0 on March 23, 2026, but it still requires passage by the Maryland Senate and the governor's signature before becoming law. The Maryland General Assembly's 2026 session runs through mid-April, so Senate action could come within weeks.
How long do Maryland temporary protective orders currently last?
Maryland temporary protective orders currently last 7 days under Md. Code, Fam. Law § 4-505. HB 497 would double that duration to 14 days, giving petitioners an additional week to prepare for their final protective order hearing and secure legal representation.
What expenses can victims seek reimbursement for under HB 497?
HB 497 authorizes Maryland judges to order respondents to reimburse victims for out-of-pocket losses caused by abuse, including property damage, phone replacement costs, emergency housing expenses, and lock changes. Victims should keep all receipts and documentation to support reimbursement requests at the final protective order hearing.
Does a protective order affect my Maryland divorce case?
Yes. A final protective order under Md. Code, Fam. Law § 4-506 can grant temporary custody, exclusive use of the marital home, and now financial reimbursement — all of which directly affect the early posture of a divorce proceeding. Approximately 50% of protective order cases in Maryland involve parties who are married or were formerly married.
Can I get a same-day protective order in Maryland right now?
Yes. Under Md. Code, Fam. Law § 4-504.1, Maryland judges can issue interim protective orders on the same day a petition is filed if there are reasonable grounds to believe abuse has occurred. This process is available at any Maryland District Court during business hours, or through a court commissioner after hours.
Talk to a Maryland Family Law Attorney
If you are dealing with domestic violence and considering a protective order, divorce, or both, speaking with a Maryland family law attorney can help you understand how these changes affect your specific situation. Use our Maryland directory to find an attorney in your county.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.