Schell and Lanteigne, 2000, p. 154
Provided is a list of relevant laws and their summaries to find what may apply to your case or situation. We are unable at this time to provide legal advice. However, we have provided links to state laws. We will regularly be updating information and hope to provide more resources, which may provide more assistance.
Personal Protective Orders (PPOs) in Maryland are divided into three categories, temporary orders, peace, and protective orders. Protective orders can be granted to a current or former partner, family members, sexual assault victim, etc. They are granted to claimants reporting an event of, or fear of, serious bodily injury, false imprisonment, mental injury of a child, stalking but not harassment, or revenge porn, for one year. Peace orders can be applied to anyone reporting harassment, trespassing, destruction of property, telephone misuse, electronic communication or interactive computer service, and/or visual surveillance. Peace orders if granted last for 6 months, and can then be extended another six months.
Harassment and stalking are often used interchangeably, and their levels of "severity" are often misunderstood. According to MD law, harassment is the following of another in a public place and engaging in a course of conduct that intentionally alarms or annoys another, after receiving a reasonable warning to stop by the target or by another.
Stalking is a malicious course of conduct including, approaching or pursuing another. The person intends to, or should have known, the conduct would have caused another reasonable fear of (a) bodily injury, (b) assault, (c) sexual assault, (d) false imprisonment, or (e) death, and that another will likely suffer from an act listed (a-e). Stalking requires that the person intends to cause, or reasonably should have known, the conduct would cause serious emotional distress to another. Stalking includes conduct described in section 1 (a-e) in person, by electronic communications, through the use of devices that can track another's location, and without knowledge or consent.
A person may not use a telephone to anonymously call another to annoy, abuse, torment, harass, or embarrass another. They may not make repeated calls. Nor can they comment, request, or suggest lewd or lascivious use of the phone.
A person may not conduct, or procure another, to conduct visual surveillance of another person in a private place without the consent of that individual. Further, they may not surveil with sexual intent, nor may they use cameras or technology equipment to aid them in surveilling or recording.
A person may not enter in or on property that is posted against trespassing where signs are placed that can reasonably be seen.
A person may not enter on the property of another for the purpose of invading the privacy of an occupant of a building or enclosure located on the property by looking into a window, door, or other opening.
A person may not willfully and maliciously destroy, injure, or deface the real or personal property of another.
"Public" does not need to devoted solely to public use.
(c) (1) A person cannot obstruct the free passage of another in a public place or on a public conveyance. (2) A person may not willfully act in a disorderly manner that disturbs the public peace. (3) A person may not disobey an officer's directions to prevent a disturbance. (4) A person who enters the premises of another, (an owner or lessee) or adjacent property, may not: (i) disturb the peace of persons premises, or by making an unreasonably loud noise; or (ii) act in a disorderly manner.
“Victim” means a person who suffers actual or threatened physical, emotional, or financial harm as a direct result of a crime or delinquent act.
Logan, et al., 2006, p. 272
(a)Full Faith and Credit.—Any protection order (PPO) issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing jurisdiction,) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing jurisdiction) and enforced by the court and law enforcement personnel of the other jurisdiction, as if it were the order of the enforcing jurisdiction.
(b) Protection Order.—A PPO issued by a court is consistent with this subsection if—(1) such court has jurisdiction over the parties and matter under the law; and
(2) Notice and opportunity is given to the respondent, sufficient to protect their right to due process. In ex parte cases, notice and opportunity to be heard must be provided within the time required by law.
(c) Cross or Counter Petition.—A PPO issued by a court against one who has petitioned, is not entitled to full faith and credit if—(1) no counter petition, was filed; or (2) the court did not make findings that each party was entitled to an order.
(d) Notification and Registration.—(1) Notification.—An enforcing jurisdiction, will not notify or require notification of the party against whom a PPO has been issued that the PPO has been registered or filed in that enforcing jurisdiction unless requested to do so by the party protected under such order.
(2) No prior registration or filing as prerequisite for enforcement.—Any PPO that is otherwise consistent with this section shall be accorded full faith and credit,
(3) Limits on internet publication of registration information.—Jurisdictions will not make available publicly any information regarding the registration, petition, or issuance of a PPO, in either the issuing or enforcing jurisdiction. Jurisdictions may share court-generated and law enforcement-generated information contained in secure, governmental registries for enforcement purposes.
(e)Tribal Court Jurisdiction.—For purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce PPOs involving any person.
a)Offenses.—
(1)Travel or conduct of offender.—A person who travels, with the intent to engage in conduct that violates the portion of a PPO that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person or the pet, of that person, or that would violate such a portion of a PPO in the jurisdiction in which the order was issued, and subsequently engages in such conduct, shall be punished as provided in subsection (b).
(2) Causing travel of victim.—A person who causes another person to travel to another jurisdiction by force, coercion, duress, or fraud, and in the course of, as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a PPO that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person or the pet of that person, or that would violate such a portion of a PPO in the jurisdiction in which the order was issued, shall be punished as provided in subsection (b).
(1) travels to (enters or leaves) another jurisdiction with the intent to kill, injure, harass, intimidate, or place under surveillance (or a third party person) and in the course of, or as a result of, such travel or presence engages in conduct that
(A) places that person in reasonable fear of the death of, or serious bodily injury to
(i) that person; (ii) an immediate family member; (iii)a spouse or partner; or (iv) their pet; or
(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in subparagraph (A); or
(2) with the intent to kill, injure, harass, intimidate, or place under surveillance with (or a third party), uses the mail, any interactive computer service or electronic communication service or electronic communication system of interstate commerce, or any other facility of interstate or foreign commerce to engage in a course of conduct
(a) In General.— If the victim of an offense under section 2261A is under the age of 18 years, the maximum imprisonment for the offense is 5 years greater than the maximum term of imprisonment otherwise provided for that offense in section 2261.
(b) Limitation.—Subsection (a) shall not apply to a person who violates section 2261A if—(1) the person is subject to a sentence under section 2261(b)(5); and
(2)(A) the person is under the age of 18 at the time the offense occurred; or
(B) the victim of the offense is not less than 15 nor more than 17 years of age and not more than 3 years younger than the person who committed the offense at the time the offense occurred.
Any comment, request, suggestion, proposal, image, or other communication which is obscene or child pornography, with intent to abuse, threaten, or harass another.
Makes or causes the phone to repeatedly or continuously ring, with intent to harass.
Makes repeated calls or repeatedly initiates communication with a telecommunications device, during which conversation or communication ensues, solely to harass.
Transmits interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure.
Knowingly deposits in any post office or authorized depository for mail, to be sent or delivered by the Postal Service or knowingly causes to be delivered by the Postal Service, any communication, with or without a name or designating mark, addressed to any other person, and containing, any communication with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to kidnap any person or any threat to injure the person of the addressee or of another.
Knowingly deposits in any post office or authorized depository for mail of any foreign country any communication addressed to any person within the United States, for the purpose of having such communication delivered by the post office establishment of such foreign country to the Postal Service and by it delivered to such addressee in the United States, and as a result thereof such communication is delivered by the post office establishment of such foreign country to the Postal Service and by it delivered to the address to which it is directed in the United States, and containing any demand or request containing any threat to kidnap any person or any threat to injure the person of the addressee or of another.
(a)Offenses.—
(1)Travel or conduct of offender.—A person who travels (or enters or leaves) to another jurisdiction with the intent to kill, injure, harass, or intimidate a spouse, or partner, and who, in the course of or as a result of such travel or presence, commits or attempts to commit a crime of violence against that spouse, or partner, shall be punished.
(2)Causing travel of victim.—A person who causes a spouse, partner, to travel to another jurisdiction and who, in the course commits or attempts to commit a crime of violence against that partner, shall be punished.
(a)Maximum Term of Imprisonment.—The maximum term of imprisonment for a violation of this chapter after a prior domestic violence or stalking offense shall be twice the term otherwise provided under this chapter.
(b)Definition. (1)the term “prior domestic violence or stalking offense” means a conviction for an offense—(A)under section 2261, 2261A, or 2262 of this chapter; or
(B) under State or Tribal law for an offense consisting of conduct that would have been an offense under a section referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, or in interstate or foreign commerce;
It is unlawful for anyone to sell or dispose of any fire arm or ammunition to any person knowing or having reasonable cause to believe that they, including as a juvenile—
(8) subject to a court order that restrains such person from harassing, stalking, or threatening a partner of such person or child of such partner or person, or engaging in other conduct that would place a partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
(A) was issued after a hearing and afforded due process; and
(B)(i) a finding of a credible threat to the physical safety of the partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such partner or child that would reasonably be expected to cause bodily injury;
It is unlawful for any person—
(1) convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) a fugitive from justice;
(3) an unlawful user of or addicted to any controlled substance
(4) adjudicated as a mental defective or committed to a mental institution;
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence;
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Disclaimer: We are NOT a legal, mental health, medical, victims' advocate provider(s). We are NOT certified educators, financial experts, security specialists, or self-defense experts. While some of our staff may have training, background, or experience in legal, mental health, medical, victims' advocacy, education, financial, security, or self-defense fields pertaining to Maryland, none of our staff is currently, licensed, or certified specialists in the aforementioned fields. WE ARE NOT PROVIDING ADVICE, IN SUCH FIELDS. OUR GOAL IS TO DIRECT VICTIMS TO APPLICABLE PROVIDERS, PROVIDE FEEDBACK BASED ON PERSONAL EXPERIENCES, USING RELEVANT EVIDENCE-BASED RESEARCH & PRACTICES. WE WILL DO OUR BEST TO PROVIDE RESOURCES FOR ALL AFOREMENTIONED TIPS. IF YOU ARE IN DISTRESS PLEASE CALL 911.
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