By Michael Phillips | Father & Co.

In a unanimous decision with far-reaching implications for every Maryland parent navigating protective orders, the Maryland Supreme Court has clarified how courts must handle evidence, notice, and credibility in domestic violence and child-abuse protective-order proceedings. The case—Clarke v. Gibson, No. 1, Sept. Term 2025—may be the most important protective-order decision in Maryland in years.

At the heart of the opinion is a simple but powerful principle:
“Negative credibility determinations—alone—are never enough to sustain a party’s burden of proof.”
In other words, a judge’s disbelief of a parent’s denial is not evidence. Protective orders cannot be granted based solely on rejecting one parent’s testimony.

For countless Maryland parents—especially fathers and pro se litigants who see credibility discounted reflexively—this ruling represents a long-overdue correction.

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Background: A Custody Dispute Becomes a High-Stakes Protective-Order Case

Clarke v. Gibson arose from a long-running custody arrangement between Philip Clarke and Chinyere Gibson, who share two children. In February 2024, Ms. Gibson filed for a child-abuse protective order in Anne Arundel County, alleging verbal threats, punching walls, and several incidents where Mr. Clarke allegedly hit or threatened the children.

A temporary protective order was issued the same day, as Maryland law permits in child-abuse petitions. The court scheduled the final hearing 16 days later to allow the Department of Social Services (DSS) to investigate—standard procedure in cases involving minor children.

At the final hearing:

• Ms. Gibson appeared without counsel.
• DSS testified but its written report was never formally admitted.
• Mr. Clarke, represented by an attorney, denied all allegations.
• His fiancée also testified to contradict the allegations.

The circuit court ultimately granted the final one-year protective order based largely on its view that Mr. Clarke’s testimony was “not credible”—an evidentiary shortcut the Supreme Court has now rejected.

The order transferred custody, imposed supervised visitation for Mr. Clarke, mandated anger-management treatment, and required surrender of firearms.

Mr. Clarke appealed.

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Three Core Questions Before the Court

The Maryland Supreme Court reviewed three key issues:

1. Was it error to schedule the final hearing more than 7 days after service without placing “good cause” on the record?
   Answer: The issue was waived because no one raised it at the trial.
2. Did serving only the temporary protective order—not the petition—violate due process?
   Answer: No. Serving the temporary order itself satisfies constitutional notice.
3. Can disbelief of the respondent’s testimony alone support a final protective order?
   Answer: Absolutely not.

The Court affirmed the first two holdings but vacated the Appellate Court’s decision on evidentiary sufficiency, sending the case back for a full review of the actual record.

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Issue 1: Final Hearing Timing—Waived, but Still Important

Maryland law requires final protective-order hearings to occur within 7 days of service unless the court finds “good cause” for delay. In this case, the hearing was set 16 days out because DSS needed time to investigate.

The Supreme Court did not decide whether the delay was lawful.

Instead, it held the issue was waived because Mr. Clarke never objected or filed anything asking the court to dismiss or expedite the case. Maryland appellate review requires preservation unless the issue is jurisdictional, which this was not.

For Maryland parents, the lesson is clear:

If the court delays a final protective-order hearing beyond 7 days and does not put “good cause” on the record, you must object or you lose the issue forever.

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Issue 2: Due Process and Notice—Temporary Orders Are Enough

Mr. Clarke argued he lacked due process because he was served only with the temporary protective order—not the petition itself.

The Court rejected this argument decisively.

Using the Mathews v. Eldridge balancing test, the Court held that:

• The temporary protective order provided adequate notice of the allegations.
• It specified the date and time of the final hearing.
• It listed the precise acts the court found reasonable grounds to believe occurred.
• Requiring additional petition service would slow victim protection with little benefit.

This ruling expands earlier holdings and solidifies that:

Maryland courts may rely entirely on the temporary protective order as the operative notice document.

For many pro se respondents—often blindsided by vague or rushed petitions—this ruling confirms that the temporary order’s narrative is what matters most and must be scrutinized carefully.

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Issue 3: The Landmark Holding—Disbelief Is Not Evidence

This is where Clarke v. Gibson becomes transformative.

The Supreme Court held that the Appellate Court erred by affirming the protective order solely because the trial court disbelieved Mr. Clarke’s testimony.

Disbelief does not prove the opposite.

Maryland’s Family Law Article § 4-506 requires affirmative evidence of abuse by a preponderance of the evidence. The Court made clear:

• A judge can disbelieve a parent’s denial.
• But that disbelief cannot fill the evidentiary gaps.
• The petitioner must provide actual evidence—testimony, documents, reports—supporting the alleged abuse.

The Court emphasized:

“A denial of a fact cannot constitute affirmative evidence of that fact.”

This corrects a recurring problem in family courts nationwide: cases where judges use credibility findings to fill holes in the record, especially in he-said/she-said custody disputes.

The decision forces Maryland judges to return to the law:

Protective orders require evidence, not assumptions.

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Why This Matters for Maryland Parents

The implications for parents—especially fathers and self-represented litigants—are significant:

1. Courts must conduct real evidentiary analysis.

They can no longer lean on “I didn’t find him credible” as the basis for granting life-altering orders.

2. DSS reports must be handled properly.

If a DSS report is referenced but not admitted, courts must clarify what evidence is actually before them.

3. Petitions lacking detailed allegations cannot be retroactively expanded.

Due process requires the allegations in the temporary order to match the grounds used at the final hearing.

4. Final protective orders affect custody, employment, constitutional rights, and firearm possession.

The Court reaffirmed that these consequences demand evidentiary rigor.

5. The ruling provides a real appellate pathway for wrongly issued orders.

Many Maryland parents have historically been told:
“You can’t win on appeal—credibility is the trial judge’s call.”
Not anymore.

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What This Means for Families Seeking Justice

Protective orders should protect victims—and protect due process.
When courts shortcut evidentiary requirements, entire families can be destabilized, children can lose relationships, and innocent parents can be branded abusers based on speculation.

Clarke v. Gibson does not weaken protective orders. It strengthens them by ensuring they rest on evidence, not assumption.

Parents now have a clearer standard to challenge flawed orders and insist on fairness, transparency, and legally sufficient proof.

This ruling is also a warning to trial courts:

Protective-order hearings may be fast, but they are not free-form. The law still applies.

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Conclusion

The Maryland Supreme Court’s decision in Clarke v. Gibson is a watershed moment in family justice. It restores balance and reinforces both:

• the need to protect children and survivors, and
• the constitutional rights of respondents to fair notice and sufficient evidence.

For families caught in the crossfire of Maryland’s overburdened protective-order system, this ruling is a reminder that due process still matters—and that credibility alone cannot carry the weight of proof.

Father & Co. will continue monitoring the remanded proceedings and any emerging appellate guidance, as this case is poised to shape protective-order litigation for years to come.

If you would like a companion article analyzing what Clarke v. Gibson means for pro se parents, false-accusation cases, child-abuse petitions, or judicial training reforms, say the word and I will prepare it.

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