The Maryland Supreme Court’s unanimous ruling in Clarke v. Gibson (2025) reshaped the state’s protective-order landscape. The Court held that judges cannot issue a final protective order based solely on disbelieving the accused; there must be affirmative evidence in the record. The decision strengthens due process, stabilizes custody outcomes, and ensures protective orders are built on clear, legally defensible findings — improving safety for survivors while curbing the misuse of domestic-violence laws in high-conflict custody disputes.
Maryland Must Act: The Legislature Cannot Ignore the Systemic Failures Exposed by Clarke v. Gibson
The Maryland Supreme Court’s ruling in Clarke v. Gibson reveals critical flaws in the state’s protective-order system, which often deprives parents of rights without sufficient evidence. To restore fairness, lawmakers must implement statutory reforms, including requiring written findings, guaranteeing counsel, and enforcing oversight mechanisms to ensure justice and protect families effectively.
What Clarke v. Gibson Really Means for Domestic Violence Survivors: Stronger Protections, Clearer Evidence, and a More Stable Path to Safety
The Maryland Supreme Court’s decision in Clarke v. Gibson strengthens protections for domestic violence survivors by ensuring that protective orders are based on evidence and not merely on disbelief. This ruling clarifies the requirements for stability in protective orders, ensuring they withstand appeals and safeguard the rights and safety of survivors and children.
After Clarke v. Gibson: What Maryland’s Landmark Ruling Means for False Accusations and Custody Warfare
The Maryland Supreme Court’s decision in Clarke v. Gibson mandates that protective orders must be supported by substantial evidence rather than assumptions or credibility findings. This ruling addresses the misuse of protective orders in custody disputes, ensuring fairness and due process for parents facing false allegations, ultimately strengthening the protective-order system’s integrity.
Maryland Supreme Court Issues Major Protective-Order Ruling: Clarke v. Gibson Resets the Standard for Evidence, Due Process, and Parental Rights
The Maryland Supreme Court’s Clarke v. Gibson ruling strengthens due process protections in protective-order cases and demands real evidence before restricting parental rights.