In 2021, the Maryland General Assembly enacted the Workplace Violence Act, which allows an employer to address workplace violence by seeking a Peace Order on behalf of an employee. A Peace Order instructs an individual (the “Respondent”) to stay away from the workplace and to refrain from specific, prohibited conduct. Violating the terms of a Peace Order is a crime, subject to punishment by incarceration and/or a fine.
In June 2024, Goodell DeVries Risk Management, Investigations, and Compliance Group practice chair Jared M. Green provided a guide to handling criminal incidents in the workplace. A Peace Order can be obtained in response to a criminal incident whether or not the police were contacted, or criminal charges were filed. Below is a step-by-step guide to obtaining a Peace Order on behalf of an employee for incidents of workplace violence.
What Conduct is Prohibited by the Peace Order Statute?
Not all criminal acts can form the basis for a peace order. Instead, the Respondent must have committed at least one of the following, enumerated “unlawful acts:”
- An act that causes serious bodily harm
- An act that places the petitioner or the petitioner’s employee in fear of imminent serious bodily harm
- Assault in any degree
- False imprisonment
- Harassment
- Stalking
- Trespass
- Malicious destruction of property
- Misuse of telephone facilities and equipment
- Misuse of electronic communication or interactive computer service
- Revenge pornography
- Unlawful Visual surveillance
In the unfortunate event that one or more of the above occurs at the employee’s workplace, the employer may seek a Peace Order on behalf of their employee.
Step 1: Obtaining an Interim or Temporary Peace Order
Within thirty days of the enumerated unlawful act(s), the employer or employee must file a Petition for Peace Order and two associated forms in the District Court of Maryland. In total, three forms should be included in an initial peace order filing: 1) Petition for Peace Order, 2) The Addendum to the Petition for Peace Order, and 3) The Peace Order Supplement. The petition should provide specific details regarding the enumerated unlawful act(s) and the addendum should include as many details as known to enable law enforcement to identify and serve the Respondent.
The next steps will depend on whether the petition is filed inside or outside of normal business hours.
If the petition is filed outside of normal business hours, the employee and/or employer will file the paperwork at a commissioner’s office in the jurisdiction where the incident occurred. The commissioner will hold a hearing to determine whether to issue an Interim Peace Order. To issue an Interim Peace Order, the commissioner must find there are reasonable grounds to believe that the Respondent committed the enumerated unlawful act(s) at the employee’s workplace and that the Respondent is likely to commit an enumerated unlawful act against the employee in the future. If an Interim Peace Order is granted, the commissioner may order the Respondent to:
- Refrain from committing or threatening to commit one of the unlawful acts identified above against the petitioner or the petitioner’s employee.
- Refrain from contacting, attempting to contact, or harassing the petitioner or the petitioner’s employee.
- Refrain from entering the residence of the petitioner or the petitioner’s employee.
- Remain away from the place of employment, school, or temporary residence of the petitioner or the petitioner’s employee.
If an Interim Peace Order is obtained, or if the original petition is filed during normal business hours, the employer and/or employee will appear before a Maryland District Court judge for a Temporary Peace Order hearing. If an Interim Peace Order was obtained, the Temporary Peace Order hearing will be held on the first or second day that the court is open following the interim hearing. For example, if an Interim Peace Order is obtained on a Saturday, the temporary hearing will be held on the following Monday or Tuesday, assuming neither is a holiday. If the petition is filed during normal business hours, then the temporary hearing will likely occur on the same day that the petition is filed. At a temporary hearing, the legal standard is the same as during an interim hearing: the judge must find that there are reasonable grounds to believe that the Respondent committed the enumerated unlawful act(s) at the employee’s workplace and that the Respondent is likely to commit an enumerated unlawful act against the employee in the future.
Step 2: Obtaining a Final Peace Order
Once a Temporary Peace Order is obtained, the court will schedule a Final Peace Order hearing to occur no more than seven days after the Temporary Peace Order hearing. The court may also order that the Respondent refrain from committing or threatening to commit any of the above unlawful acts, refrain from contacting or attempting to contact the employee, and to stay away from the residence and/or place of business at least until the Final Peace Order hearing. Prior to the final hearing, the Respondent must be served with the Temporary Peace Order by law enforcement.
What if the Respondent is Not Served Prior to the Final Peace Order Hearing?
If the Respondent is not served with the Temporary Peace Order, then the employer and/or employee must still appear at the Final Peace Order hearing. The court can postpone the Temporary Peace Order in intervals of up to seven days while the sheriff attempts to serve the Respondent. It is important to obtain updated address information on the Respondent and complete a change of address form to ensure that law enforcement has up-to-date information on the Respondent. Note that a Temporary Peace Order can only remain in effect for thirty days from the date that the Temporary Order was first obtained. If the Respondent is not served within 30 days, the Temporary Peace Order must be dismissed.
What if the Respondent is Served Prior to the Final Peace Order Hearing?
If the Respondent is served and appears in court, then the Respondent will have the option of either consenting to the entry of a Final Peace Order or proceeding with a contested hearing.
If the Respondent consents, then the court will typically enter a Final Peace Order without hearing testimony or receiving evidence from the parties.
If the Respondent elects a contested hearing, then both sides will have the opportunity to present evidence in the form of witness testimony and exhibits. The employer and/or employee has the burden to prove by a preponderance of the evidence (more likely than not) that the Respondent committed the enumerated unlawful act(s) at the employee’s workplace and is likely to commit an unlawful act in the future against the employee.
A Final Peace Order, whether obtained by consent or after a contested hearing, may include any or all of the following relief:
- Order the respondent to refrain from committing or threatening to commit an enumerated unlawful against the petitioner or the petitioner’s employee.
- Order the respondent to refrain from contacting, attempting to contact, or harassing the petitioner or the petitioner’s employee.
- Order the respondent to refrain from entering the residence of the petitioner or the petitioner’s employee.
- Order the respondent to remain away from the place of employment, school, or temporary residence of the petitioner or the petitioner’s employee.
- Direct the respondent or petitioner to participate in professionally supervised counseling or, if the parties are amenable, mediation.
- Order either party to pay filing fees and costs of a proceeding under this subtitle.
A Final Peace Order can remain in effect for up to six months from the date of the final peace order hearing. A Final Peace Order can also be extended for an additional six months, after notice is given to the Respondent and the court conducts a hearing finding that good cause exists to extend the order.
What if the Respondent Violates the Terms of an Interim, Temporary, or Final Peace Order?
The violation of a peace order is a misdemeanor criminal offense and is punishable by up to ninety days of incarceration and/or a fine of $1,000. Please see our guide on handling criminal incidents in the workplace for additional information. A court may also issue a finding of contempt of the Respondent violates the terms of a peace order.
Peace Orders can be an effective means of protecting employees and deterring future workplace violence and harassment. Appreciating the nuances of Maryland’s Peace Order laws and procedures can help businesses respond to and limit workplace violence. If your organization needs assistance identifying potential risks or navigating an existing criminal, civil, or regulatory issue, contact the Risk Management, Investigations, and Compliance practice chair Jared Green at jgreen@gdldlaw.com or RMIC practice group associate Joseph Kavanagh at jkavanagh@gdldlaw.com.
