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Session Laws, 1980
Volume 739, Page 3275   View pdf image
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HARRY HUGHES, Governor

3275

4-402.

(a) Except as provided in §§ 4-401 AND 4-404 OF THIS
SUBTITLE, the District Court does not have equity
jurisdiction.

4-404.

THE DISTRICT COURT HAS CONCURRENT JURISDICTION WITH THE
CIRCUIT COURT OVER PROCEEDINGS UNDER THE PROTECTION FROM
DOMESTIC VIOLENCE ACT SUBTITLE 5 OF THIS TITLE AND HAS THE
POWERS OF A COURT IN EQUITY IN THOSE PROCEEDINGS.

SUBTITLE 5. PROTECTION FROM DOMESTIC VIOLENCE

4-501.

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(B) "ABUSE" MEANS ONE OR MORE OF THE FOLLOWING ACTS
BETWEEN HOUSEHOLD MEMBERS:

(1) TO CAUSE OR TO ATTEMPT TO CAUSE BODILY HARM;

(2) TO PLACE ANOTHER IN FEAR OF IMMINENT SERIOUS
BODILY INJURY; OR

(3) TO CAUSE ANOTHER TO ENGAGE IN SEXUAL

RELATIONS BY FORCE, THREAT OF FORCE, OR DURESS, OR TO
SEXUALLY ABUSE A CHILD, AS DEFINED BY ARTICLE 27, § 35A(B)8.
OF THE CODE.

(C) "COURT" MEANS THE DISTRICT COURT OR A CIRCUIT
COURT IN THIS STATE.

(D) "FAMILY HOME IS THE PROPERTY IN THIS STATE THAT:

(1) IS THE PRINCIPAL RESIDENCE OF THE HOUSEHOLD
MEMBERS;

(2) AT THE TIME OF THE PROCEEDING IS OWNED OR
LEASED BY AT LEAST ONE OF THE HOUSEHOLD MEMBERS; AND

(3) IS BEING USED OR WILL BE USED BY AT LEAST
ONE OF THE HOUSEHOLD MEMBERS AS THEIR PRINCIPAL RESIDENCE.

(E) "HOUSEHOLD MEMBERS" MEANS SPOUSES, PERSONS OF THE
OPPOSITE SEX LIVING AS SPOUSES WHO HAVE A MINOR CHILD
RESIDING WITH THEM, PARENTS, MINOR CHILDREN, OR OTHER
PERSONS RELATED BY BLOOD OR MARRIAGE WHO RESIDE TOGETHER.

(F) "LAW ENFORCEMENT AGENCY" INCLUDES THE STATE

POLICE, COUNTY AND MUNICIPAL POLICE DEPARTMENTS, AND
SHERIFF'S OFFICES THAT ENGAGE IN LAW ENFORCEMENT DUTIES.

 

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Session Laws, 1980
Volume 739, Page 3275   View pdf image
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