Maryland just made a significant change to how survivors of abuse can secure long-term protection—and it’s about time. With the passage of HB929/SB721 in 2024, individuals can now obtain a permanent protective order by consent, not just after a contested trial or criminal conviction.
This might sound like a small tweak, but it’s a meaningful one. For many survivors, it means a safer, more straightforward path to long-term peace of mind.
What Changed?
Before this new law, Maryland’s permanent protective orders were mainly reserved for cases where the abuser was found guilty of specific crimes or where repeat orders were necessary. That meant survivors often had to endure lengthy court battles or wait until a criminal case wrapped up—often a slow and retraumatizing process.
Under HB929/SB721:
- A respondent can now consent to a permanent protective order without admitting fault.
- Judges can issue these orders without a full trial.
- The protection can be as durable as any court-ordered remedy stemming from a conviction.
This reform reflects a growing awareness that survivors shouldn’t be forced into confrontational, high-stakes hearings just to get long-term safety.
Why This Matters
At The Lincoln Law Firm, we’ve seen firsthand how retraumatizing it can be for survivors to face their abuser in court. Many clients just want it to be over—they want protection, not confrontation.
Now, if both parties agree, they can sidestep trial entirely and still secure a permanent order. No cross-examinations. No drawn-out court appearances. No waiting on criminal proceedings.
This option won’t be right for every case, but for many survivors, it means fewer hoops to jump through and less emotional exposure.
What It Means for Attorneys
For family and domestic violence lawyers, this opens a new negotiation lane. It creates an incentive for abusers to settle—especially if they want to avoid the consequences of a criminal finding. It also allows attorneys to:
- Push for permanent protection early in the case.
- Negotiate consent-based resolutions during mediation.
- Avoid high-conflict hearings that risk harming children or retraumatizing survivors.
But it also raises ethical questions. Consent must be informed, voluntary, and not coerced. Judges are expected to evaluate this before issuing the order, but attorneys on both sides should be vigilant.
Broader Impact on Survivors
According to MVLS, one of Maryland’s leading legal service providers, survivors often abandon protective order cases when they realize they must testify in open court. Consent-based permanency changes that.
“The ability to consent to a permanent protective order creates a pathway to safety for those who don’t feel safe testifying,” said one MVLS advocate. The Daily Record reported similar praise from domestic violence coalitions across the state.
And it’s not just symbolic. These orders can include provisions for no contact, stay-away zones, custody, and even firearm restrictions—just like trial-based orders.
What’s Next?
The law is now in effect, and we’re already seeing an uptick in attorneys negotiating for consent-based resolutions. Judges are adapting, too—asking better questions to ensure consent is real, not coerced.
Still, like any new tool, it’ll take time to see how courts apply it in practice. Some judges may be cautious, others more open. But the law is clear: if both sides agree and the survivor wants it, a permanent protective order can be granted without the trauma of trial.
At The Lincoln Law Firm, we see this as a long-overdue shift—one that puts the survivor’s needs first. If you or someone you know is considering a protective order, know that the legal landscape in Maryland has changed. And sometimes, change means finally being heard without having to shout.
