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Maryland

West's Annotated Code of Maryland. Family Law. Title 4. Spouses. Subtitle 5. Domestic Violence. Part I. Definitions; General Provisions.

Statute Details
Printable Version
Citation: MD FAMILY 4-501, 504.1

Citation: MD Code, Family Law, 4-501, 504.1


Last Checked by Web Center Staff: 01/2014

Summary:   This Maryland law amended in 2011 allows an interim protective order to award temporary possession of any pet (defined in § 4-501 as a domesticated animal except livestock) to the person eligible for relief or the respondent.


Statute in Full:

§ 4-501. Definitions

In general

(a) In this subtitle the following words have the meanings indicated.

Abuse

(b)(1) “Abuse” means any of the following acts:

(i) an act that causes serious bodily harm;

(ii) an act that places a person eligible for relief in fear of imminent serious bodily harm;

(iii) assault in any degree;

(iv) rape or sexual offense under §§ 3-303 through 3-308 of the Criminal Law Article or attempted rape or sexual offense in any degree;

(v) false imprisonment; or

(vi) stalking under § 3-802 of the Criminal Law Article.

(2) If the person for whom relief is sought is a child, “abuse” may also include abuse of a child, as defined in Title 5, Subtitle 7 of this article. Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child.

(3) If the person for whom relief is sought is a vulnerable adult, “abuse” may also include abuse of a vulnerable adult, as defined in Title 14, Subtitle 1 of this article.

Child care provider

(c) “Child care provider” means a person that provides supervision and care for a minor child.

Cohabitant

(d) “Cohabitant” means a person who has had a sexual relationship with the respondent and resided with the respondent in the home for a period of at least 90 days within 1 year before the filing of the petition.

Commissioner

(e) “Commissioner” means a District Court Commissioner appointed in accordance with Article IV, § 41G of the Maryland Constitution.

Court

(f) “Court” means the District Court or a circuit court in this State.

Emergency family maintenance

(g) “Emergency family maintenance” means a monetary award given to or for a person eligible for relief to whom the respondent has a duty of support under this article based on:

(1) the financial needs of the person eligible for relief; and

(2) the resources available to the person eligible for relief and the respondent.

Executive Director

(h) “Executive Director” means the Executive Director of the Governor's Office of Crime Control and Prevention.
Final protective order

(i) “Final protective order” means a protective order issued under § 4-506 of this subtitle.

Home

(j) “Home” means the property in this State that:

(1) is the principal residence of a person eligible for relief; and

(2) is owned, rented, or leased by the person eligible for relief or respondent or, in a petition alleging child abuse or abuse of a vulnerable adult, an adult living in the home at the time of a proceeding under this subtitle.

Interim protective order

(k) “Interim protective order” means an order that a Commissioner issues under this subtitle pending a hearing by a judge on a petition.

Local department

(l) “Local department” means the local department that has jurisdiction in the county:

(1) where the home is located; or

(2) if different, where the abuse is alleged to have taken place.

Person eligible for relief

(m) “Person eligible for relief” includes:

(1) the current or former spouse of the respondent;

(2) a cohabitant of the respondent;

(3) a person related to the respondent by blood, marriage, or adoption;

(4) a parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition;

(5) a vulnerable adult; or

(6) an individual who has a child in common with the respondent.

Pet

(n)(1) “Pet” means a domesticated animal.

(2) “Pet” does not include livestock.

Petitioner

(o)(1) “Petitioner” means an individual who files a petition.

(2) “Petitioner” includes:

(i) a person eligible for relief; or

(ii) the following persons who may seek relief from abuse on behalf of a minor or vulnerable adult:

1. the State's Attorney for the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

2. the department of social services that has jurisdiction in the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

3. a person related to the child or vulnerable adult by blood, marriage, or adoption; or

4. an adult who resides in the home.

Residence

(p) “Residence” includes the yard, grounds, outbuildings, and common areas surrounding the residence.

Respondent

(q) “Respondent” means the person alleged in the petition to have committed the abuse.

Temporary protective order

(r) “Temporary protective order” means a protective order issued under § 4-505 of this subtitle.

Victim

(s) “Victim” includes a person eligible for relief.

Vulnerable adult

(t) “Vulnerable adult” has the meaning provided in § 14-101(q) of this article.

Credits
Added by Acts 2001, c. 10, § 3, eff. Oct. 1, 2001. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2002, c. 235, §§ 2, 3, eff. Dec. 18, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2005, c. 233, § 1, eff. July 1, 2005; Acts 2005, c. 367, § 1, eff. Oct. 1, 2005; Acts 2005, c. 464, § 3, eff. Jan. 1, 2006; Acts 2011, c. 283, § 1, eff. Oct. 1, 2011; Acts 2011, c. 284, § 1, eff. Oct. 1, 2011; Acts 2011, c. 356, § 1, eff. July 1, 2011; Acts 2012, c. 554, § 1, eff. Oct. 1, 2012; Acts 2012, c. 555, § 1, eff. Oct. 1, 2012.

 
 

§ 4-504.1. Interim protective orders

<Section effective through December 31, 2016. See, also, section effective January 1, 2017.>

When petition filed with commissioner

(a) A petition under this subtitle may be filed with a commissioner when neither the office of the clerk of the circuit court nor the Office of the District Court Clerk is open for business.

Issuance of interim protective order

(b) If a petition is filed with a commissioner and the commissioner finds that there are reasonable grounds to believe that the respondent has abused a person eligible for relief, the commissioner may issue an interim protective order to protect a person eligible for relief.

Scope of interim protective order

(c) An interim protective order may:

(1) order the respondent to refrain from further abuse or threats of abuse of a person eligible for relief;

(2) order the respondent to refrain from contacting, attempting to contact, or harassing a person eligible for relief;

(3) order the respondent to refrain from entering the residence of a person eligible for relief;

(4) if a person eligible for relief and the respondent are residing together at the time of the alleged abuse:

(i) order the respondent to vacate the home immediately;

(ii) award to a person eligible for relief custody of any child of the person eligible for relief and respondent then residing in the home; and

(iii) subject to the limits as to a nonspouse specified in § 4-505(a)(2)(iv) of this subtitle, award temporary use and possession of the home to the person eligible for relief;

(5) in a case alleging abuse of a child, award temporary custody of a minor child of the respondent and a person eligible for relief;

(6) in a case alleging abuse of a vulnerable adult, subject to the limits as to a nonspouse specified in § 4-505(a)(2)(iv) of this subtitle, award temporary use and possession of the home to an adult living in the home;

(7) order the respondent to remain away from the place of employment, school, or temporary residence of a person eligible for relief;

(8) order the respondent to remain away from the residence of any family member of a person eligible for relief; or

(9) award temporary possession of any pet of the person eligible for relief or the respondent.

Temporary custody awards

(d) If the commissioner awards temporary custody of a minor child under subsection (c)(4)(ii) or (5) of this section, the commissioner may order a law enforcement officer to use all reasonable and necessary force to return the minor child to the custodial parent after service of the interim protective order.

Contents of interim protective order

(e)(1)(i) An interim protective order shall state the date, time, and location for the temporary protective order hearing and a tentative date, time, and location for a final protective order hearing.

(ii) Except as provided in subsection (h) of this section, or unless the judge continues the hearing for good cause, a temporary protective order hearing shall be held on the first or second day on which a District Court judge is sitting after issuance of the interim protective order.

(2) An interim protective order shall include in at least 10-point bold type:

(i) notice to the respondent that:

1. the respondent must give the court written notice of each change of address;

2. if the respondent fails to appear at the temporary protective order hearing or any later hearing, the respondent may be served with any orders or notices in the case by first-class mail at the respondent's last known address;

3. the date, time, and location of the final protective order hearing is tentative only, and subject to change; and

4. if the respondent does not attend the temporary protective order hearing, the respondent may call the Office of the Clerk of the District Court at the number provided in the order to find out the actual date, time, and location of any final protective order hearing;

(ii) a statement of all possible forms and duration of relief that a temporary protective order or final protective order may contain;

(iii) notice to the petitioner and respondent that, at the hearing, a judge may issue a temporary protective order that grants any or all of the relief requested in the petition or may deny the petition, whether or not the respondent is in court;

(iv) a warning to the respondent that violation of an interim protective order is a crime and that a law enforcement officer shall arrest the respondent, with or without a warrant, and take the respondent into custody if the officer has probable cause to believe that the respondent has violated any provision of the interim protective order; and

(v) the phone number of the Office of the District Court Clerk.

Duties of commissioner

(f) Whenever a commissioner issues an interim protective order, the commissioner shall:

(1) immediately forward a copy of the petition and interim protective order to the appropriate law enforcement agency for service on the respondent; and

(2) before the hearing scheduled in the interim protective order, transfer the case file and the return of service, if any, to the Office of the District Court Clerk.

Duties of law enforcement officer

(g) A law enforcement officer shall:

(1) immediately on receipt of a petition and interim protective order, serve them on the respondent named in the order;

(2) immediately after service, make a return of service to the commissioner's office or, if the Office of the District Court Clerk is open for business, to the Clerk; and

(3) within two hours after service of the order on the respondent, electronically notify the Department of Public Safety and Correctional Services of the service.

How long interim protective order effective

(h)(1) Except as otherwise provided in this subsection, an interim protective order shall be effective until the earlier of:

(i) the temporary protective order hearing under § 4-505 of this subtitle; or

(ii) the end of the second business day the Office of the Clerk of the District Court is open following the issuance of an interim protective order.

(2) If the court is closed on the day on which the interim protective order is due to expire, the interim protective order shall be effective until the next day on which the court is open, at which time the court shall hold a temporary protective order hearing.

Decision of commissioner not binding on judge

(i) A decision of a commissioner to grant or deny relief under this section is not binding on, and does not affect any power granted to or duty imposed on, a judge of a circuit court or the District Court under any law, including any power to grant or deny a petition for a temporary protective order or final protective order.

Credits
Added by Acts 2002, c. 235, § 3, eff. Dec. 18, 2002. Amended by Acts 2009, c. 595, § 1, eff. Oct. 1, 2009; Acts 2009, c. 596, § 1, eff. Oct. 1, 2009; Acts 2009, c. 711, § 1, eff. Jan. 1, 2010; Acts 2011, c. 283, § 1, eff. Oct. 1, 2011; Acts 2011, c. 284, § 1, eff. Oct. 1, 2011; Acts 2012, c. 142, § 1, eff. Oct. 1, 2012.

 



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