Emergency Temporary Restraining Orders in Maryland During the COVID-19 Pandemic

As part of civil litigation or any type of lawsuit, a party may forced to seek (or face) an emergency temporary restraining order in one of the Maryland Circuit Courts. Under Maryland law, a Temporary Restraining Order is a specific type of order granted by the Circuit Court if it appears clear from specific facts shown to the Court by the plaintiff/petitioner through affidavit (or other statement(s) under oath) that “immediate, substantial, and irreparable harm” will “result to the person seeking the order before a full adversary hearing can be held on the propriety of a preliminary or final injunction.” (Maryland Rule 15-504). Under normal circumstances, a Maryland Circuit Court judge (usually through a hearing) will evaluate a motion for temporary restraining order (live and in the Court) and rule on the motion immediately (before the parties present in the Court).

However, as Maryland Courts have limited availability during this Coronavirus COVID-19 Pandemic, most Maryland Circuit Court hearings and appearances have been cancelled or ordered by the Court not to occur. Nonetheless, the Maryland Circuit Courts are still available — in certain circumstances — for parties to seek emergency temporary restraining orders and injunctive relief. First, each Maryland Circuit Court is still accepting civil complaints regarding all issues, including Maryland property lawsuit and disputes. Second, while the Maryland Circuit Courts are drastically restricting public access activity in each Circuit Court during this time, the City and County Circuit Courts of Maryland are still allowing parties to seek emergency injunctive relief through immediate temporary restraining orders. Specifically, a motion for temporary restraining order in Maryland will be evaluated by the specific Circuit Court’s Administrative Judge (or the Administrative Judge’s designee). The evaluating judge will make the following determinations: as to whether the emergency restraining order request (1) Does the emergency restraining order request need to be heard in person by a judge? (2) Does the emergency restraining order request need be heard through remote participation? (3) Can the emergency restraining order request be possibly addressed after the Coronavirus emergency period has ended? or (4) Can the emergency restraining order request possibly be addressed without a hearing (in-person or remote participation)? Additionally, in the Maryland District Courts, Maryland Protective Orders and Peace Orders are still being heard during this Coronavirus COVID-19 emergency period. Regarding all emergency matters, Maryland attorneys are requested to ensure that all pleadings which require emergency attention (such as restraining orders and peace orders) should include a written notation of “EMERGENCY” on the pleading submission envelope for all hard-copy pleadings. Longman & Van Grack’s Maryland litigation attorneys are available to work through this emergency restraining order litigation process, and our litigation  attorneys have, in fact, been filing pleadings on behalf of Maryland litigation clients during this COVID-19 Pandemic

Maryland emergency restraining orders usually involve various tenants of Maryland law and are addressed immediately by the Circuit Court — this process is mostly still available under the Court’s Coronavirus COVID-19 emergency period. Adam Van Grack and Longman & Van Grack’s litigation attorneys regularly address different types of emergency civil litigation in Circuit Courts throughout Maryland involving injunctive relief (such as emergency restraining orders) including Montgomery County lawsuits. Specifically, Mr. Van Grack and our Maryland litigation attorneys handle emergency disputes in Montgomery County Circuit Court (Rockville, MD), Frederick County Circuit Court, Howard County Circuit Court (Ellicott City, MD), and Prince George’s County Circuit Court (Upper Marlboro, MD). If you would like to discuss a emergency matter with Mr. Van Grack, call our firm today at (301) 291-5027 to schedule a remote consultation.