Stalking and IPV/DV Violence

1)  A petition for an Interim protective order 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.

2)  If the commissioner finds that there are reasonable grounds to believe that abuse has occurred, the commissioner may issue an interim protective order.

a)  If the judge awards temporary custody of a minor child, the judge may order a law enforcement officer to return the minor child to the custodial parent.

3)  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.

4)  An interim protective order shall include 

i)  Notice that the respondent must give the court written notice of each change of address;

ii)  Notice that, at the hearing, a judge may issue a temporary protective order that may grant or deny any or all relief requested in the petition, whether or not the respondent is in court;

iii)  Notice to the respondent that violation of an interim protective order is a crime and subject to arrest with or without a warrant; and

iv)  the phone number of the Office of the District Court Clerk.

5)  A law enforcement officer shall:

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

i)  immediately after service, make a return of service to the commissioner’s office and

ii)  electronically notify the Department of Public Safety and Correctional Services of the service.

b)  an interim protective order shall be effective until either:

(1)  the temporary protective order hearing; or

(2)  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.

c)  A decision of a commissioner to grant or deny relief is not binding on, and does not affect a judge of a Circuit Court or the District Court.

1)  If, after a hearing, a judge finds that there are reasonable grounds, the judge may enter a temporary protective order.

a)  If the judge awards temporary custody of a minor child, the judge may order a law enforcement officer to return the minor child to the custodial parent.

2)  If the protective order is granted, a law enforcement officer shall:

a)  immediately serve the temporary protective order on the alleged abuser in open court; and

b)  within two hours after service, electronically notify the Department of Public Safety and Correctional Services of the service.

3)  if the respondent is not present at the hearing, it will be served at the respondent’s last known address.  

a)  There shall be no cost to the petitioner for service of the temporary protective order.

4)  Except as otherwise provided in this subsection,

a)  the temporary protective order shall be effective for not more than 7 days after service of the order.

b)  The judge may extend the temporary protective order as needed, but not to exceed 6 months, where necessary.

5)  The judge may proceed with a final protective order hearing instead of a temporary protective order hearing, if:

a)  the respondent 

i)  appears at the hearing;

ii)  has been served with an interim protective order; or

(1)  the court otherwise has personal jurisdiction over the respondent; and

(2)  the petitioner and the respondent expressly consent to waive the temporary protective order hearing.

6)  When a judge finds grounds for abuse of a child or abuse of a vulnerable adult, 

a)  the court shall forward to the local department with oversight a copy of the petition and temporary protective order.

7)  Whenever a local department receives a petition and temporary protective order from a court, the local department shall:

a)  investigate the alleged abuse, and

i)  send to the court a copy of the report of the investigation.

1)  In this section the following words have the meanings indicated.

a.  “Child advocacy center” means a center established under § 11–928 of the Criminal Procedure Article.

b.  “File electronically” means to send, communicate, receive, or store by electronic means.

c.  “Hospital” has the meaning stated in § 19–301 of the Health – General Article.

d.  “Vulnerable adult program” means:

(i)  a program implemented under § 14–201 of this article; or

(ii)  any program that receives federal or State funding to prevent abuse or assist vulnerable adults.

2)   A petitioner may file electronically a petition for a temporary protective order with a court from:

a.  a domestic violence prevention or assistance program;

b.  a sexual assault prevention or assistance program;

c.  a human trafficking prevention or assistance program;

d.  a child advocacy center;

e.  a vulnerable adult program;

f.  a hospital where the petitioner is receiving medical treatment, while the petitioner is at the hospital; or

g.  another location approved by the court.

3)  A court that receives a petition filed electronically shall hold a hearing on the petition through the use of video conferencing on:

a.  The same business day if the petition is filed during regular court hours and the court is open; or

b.  the next business day that the court is open.siness day if the petition is filed during regular court hours and the court is open; or

 (2)  the next business day the court is open if the petition is not filed during regular court hours.

1.  The final protective order hearing shall be held no later than 7 days after the temporary protective order is served on the respondent.

a.  if the judge finds that the alleged abuse has occurred, the judge may grant a final protective order to protect any person eligible for relief from abuse.

b.  In cases where both parties file a petition, the judge may issue mutual protective orders.

2.  The final protective order may 

a.  order the respondent to cease all contact and harassment;

b.  order the respondent to refrain from entering the residence of the person eligible for relief; or

c.  where residing together at the time of the abuse, order the respondent to vacate the home immediately and award temporary possession of the home to the person eligible for relief;

d.  order the respondent to stay away from the place of employment, school, or temporary residence of a person eligible for relief or home of other family members;

e.  order the respondent to remain away from a child care provider of a person eligible for relief while a child of the person is in the care of the child care provider;

f.  award temporary custody of a minor child;

g.  establish temporary visitation with a minor child. 

h.  award emergency family maintenance as necessary;

i.  award temporary use and possession of a vehicle jointly owned if needed for the employment of the person eligible for relief or the care of a minor child;

j.  direct the respondent or any or all persons to participate in supervised counseling;

k.  order the respondent to pay filing fees and costs of a proceeding;

l.  award temporary possession of any pets; or

m.  order any other relief that the judge deems necessary.

3.  Before granting a final protective order, the court shall review all open and shielded court records involving the person eligible for relief and the respondent, 

4.  The final protective order shall order the respondent to surrender to law enforcement any firearm in the respondent’s possession.

5.  If the judge awards temporary custody of a minor child, the judge may order law enforcement to return the minor child to the custodial parent.

6.  Except as otherwise provided herein, 

all relief granted in a final protective order shall be effective for the period stated in the order, not to exceed 1 year.

(1)  If a respondent surrenders a firearm, a law enforcement officer shall:

a.  provide to the respondent information on the process for retaking possession of the firearm; and

b.  Transport and store the firearm in a protective case, if one is available, and in a manner intended to prevent damage to the firearm during the time the protective order is in effect.

(2)   The respondent may retake possession of the firearm at the expiration of a temporary protective order unless:

a.  the respondent is ordered to surrender the firearm in a protective order; or

b.  the respondent is not otherwise legally entitled to own or possess the firearm.

(3)  The respondent may retake possession of the firearm at the expiration of a final protective order unless:

a.  the protective order is extended; or

b.  the respondent is not otherwise legally entitled to own or possess the firearm.

(4)  a respondent may transport a firearm if: 

a.  carrying a protective order requiring the surrender of the firearm, 

b.  the firearm is unloaded, 

c.  the respondent has notified the law enforcement; and

the respondent transports the firearm directly to the law enforcement unit, barracks, or station.

1)  A protective order may be modified or rescinded during the term of the protective order after giving notice to all affected persons, the respondent, and a hearing.

2)  For good cause, a judge may extend the term of the protective order for 6 months beyond the period specified in the order.

3)  a judge may also extend the term of a protective order for a period not to exceed 2 years from the date the extension is granted if:

a)  during the term of the protective order, the judge finds that the respondent has committed a subsequent act of abuse against the person eligible for relief, or the respondent consents to the extension.

4)  If a District Court judge grants or denies relief, a respondent, any person eligible for relief, or a petitioner may appeal to the Circuit Court for that county.

If an appeal is filed under this subsection, the District Court judgment shall remain in effect until superseded by a judgment of the Circuit Court.

1)  An interim protective order, temporary protective order, and final protective order issued under this subtitle shall state that a violation of the order may result in:

a)  criminal prosecution; and

b)  imprisonment or fine or both.

2)  A temporary protective order and final protective order issued under this subtitle shall state that a violation of the order may result in a finding of contempt.

1)  In this section, “order for protection” means a temporary or final order.

2)  An “Order for protection” does not include child support or child custody order.

3)  An order for protection issued by a court of another state or a Native American tribe shall be accorded full faith and credit by a court of this State. 

4)  A law enforcement officer shall arrest with or without a warrant and take into custody a person who the officer has probable cause to believe is in violation of an order for protection issued by a court of another state or a Native American tribe and is in effect at the time of the violation.

5)  A law enforcement officer acting in accordance with this section shall be immune from civil liability if acting in good faith and in a reasonable manner.

It is the intent of the General Assembly that an order for protection issued by a court of this State shall be accorded full faith and credit by a court of another state to the extent required by federal law.

1)  A person must comply with the relief granted in an interim protective order under, a temporary protective order, or a final protective order.

2)  A person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject, for each offense, to:

a)  for a first offense, a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both; and

b)  for a second or subsequent offense, a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.

3)  a conviction under this section may not merge with a conviction for any other crime based on the act that violated this section.

4)  A sentence imposed under this section may be separate and consecutive or concurrent with a sentence for any crime based on the act in violation of this section.

5)  For the purpose of second or subsequent offender penalties provided under this section, a prior conviction shall be considered a conviction under this section.

An officer shall arrest with or without a warrant and take into custody any person who the officer has probable cause to believe is in violation of an interim, temporary, or final protective order in effect at the time of the violation.

1)  A petitioner, including a petitioner who acts on behalf of a child or vulnerable adult, is not limited to or precluded from pursuing any other legal remedy, except that

a) A person eligible for relief, as defined in this subtitle, is not eligible for peace order relief.

1)  When responding to the scene of an alleged act of domestic violence, as described in this subtitle, a law enforcement officer may remove a firearm from the scene if:

a)  the law enforcement officer has probable cause to believe that an act of domestic violence has occurred; and

b)  the law enforcement officer has observed the firearm on the scene during the response.

2)  If a firearm is removed from the scene under subsection (a) of this section, the law enforcement officer shall:

a)  provide to the owner of the firearm information on the process for retaking possession of the firearm; and

b)  provide for the safe storage of the firearm during the pendency of any proceeding related to the alleged act of domestic violence.

3) At the conclusion of a proceeding on the alleged act of domestic violence, the owner of the firearm may retake possession of the firearm unless ordered to surrender the firearm otherwise.

1)  In this section the following words have the meanings indicated.

a)  “Court record” means an official record of a court about a proceeding that the clerk of a court, or other court personnel keeps.

b)  “Court record” includes:

i)  an index, a docket entry, a petition, a memorandum, a transcription of proceedings, an electronic recording, an order, and a judgment; and

ii)  any electronic information about a proceeding on the Maryland Judiciary website.

c)  “Shielding” means:

i)  that a record kept in a courthouse, is removed to a separate secure area where those without a legitimate reason for access are denied access; and

ii)  that all electronic information about a proceeding on the Maryland Judiciary website is completely removed from the public website, including the names, case numbers, and any reference to the proceeding or its removal.

d)  “Victim services provider” means a nonprofit or governmental organization that has been authorized by the Governor’s Office of Crime Prevention and Policy to access shielded protective order cases in order to assist victims of abuse.

2)  if a petition for protective order was denied or dismissed at any stage of a proceeding, the petitioner or the respondent may file a written request to shield all court records relating to the proceeding.

3)  if the respondent consented to the protective order, the petitioner or the respondent may file a written request to shield all court records.

4)  A request for shielding may not be filed within 3 years after the denial or dismissal of the petition or the consent to the entry of the protective order, unless they waive all the party’s tort claims related to the proceeding.

5)  If a petition was denied or dismissed at any stage of a proceeding, the court shall schedule a hearing for a request for shielding and notify all parties of the date.

6)  On its own motion or on the objection of the other party, the court may, for good cause, deny the shielding.