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Session Laws, 1980
Volume 739, Page 3280   View pdf image
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3280

LAWS OF MARYLAND

Ch. 887

(2) UNDER THESE CIRCUMSTANCES, COSTS MAY BE
SUBSEQUENTLY WAIVED OR ASSESSED AGAINST THE PETITIONER OR
THE ABUSING HOUSEHOLD MEMBER.

4-503.

(A)  IF A PETITION IS FILED UNDER THIS SUBTITLE AND THE
COURT DETERMINES THAT THE PETITIONER HAS DEMONSTRATED AN
ABUSE OF A HOUSEHOLD MEMBER, THE COURT MAY ENTER A TEMPORARY
EX PARTE ORDER TO PROTECT THE PETITIONER OR ANOTHER
HOUSEHOLD MEMBER FROM ABUSE. THE ORDER SHALL BE SERVED
IMMEDIATELY BY A LAW ENFORCEMENT OFFICER ON THE HOUSEHOLD
MEMBER NAMED IN THE PETITION, AND THAT HOUSEHOLD MEMBER
SHALL HAVE AN OPPORTUNITY TO BE HEARD ON THE QUESTION OF
CONTINUING THE TEMPORARY ORDER. NOTICE OF THE DATE OF THE
HEARING SHALL BE CONTAINED IN THE ORDER, AND THIS HEARING
SHALL BE HELD NOT LATER THAN 5 DAYS AFTER THE TEMPORARY
ORDER IS ENTERED.

(B)  IF THE COURT DETERMINES BY CLEAR AND CONVINCING
EVIDENCE THAT THE ALLEGED ABUSE HAS OCCURRED, THE COURT MAY
GRANT A PROTECTIVE ORDER TO STOP THE ABUSE OF THE HOUSEHOLD
MEMBER. THE RELIEF GRANTED MAY INCLUDE THE FOLLOWING:

(1)  AN ORDER TO REFRAIN FROM ABUSING HOUSEHOLD
MEMBERS;

(2)  THE ORIGINAL ORDER MAY REQUIRE THE
RESPONDENT TO VACATE THE FAMILY HOME AND GRANT TEMPORARY
POSSESSION OF THE FAMILY HOME TO THE PETITIONER FOR UP TO 5
DAYS. IN NO EVENT MAY THE ORDER AND ANY EXTENSIONS EXCEED A
TOTAL PERIOD OF 15 DAYS;

(3)  AN AWARD OF TEMPORARY CUSTODY OF A MINOR;
AND

(4)  AN ORDER DIRECTING ANY OR ALL OF THE
HOUSEHOLD MEMBERS TO PARTICIPATE IN A PROFESSIONALLY
SUPERVISED COUNSELING PROGRAM.

(C)  AN ORDER ISSUED UNDER THIS SUBTITLE SHALL STATE
THAT A VIOLATION OF THE ORDER COULD RESULT IN A FINDING OF
CONTEMPT AND INCARCERATION.

4-504.

A COPY OF ANY ORDER SHALL BE SERVED UPON ALL PARTIES TO
THE PROCEEDINGS, AND THE APPROPRIATE LAW ENFORCEMENT AGENCY.

4-505.

ANY PERSON WHO VIOLATES AN ORDER MAY BE IN CONTEMPT OF
COURT.

4-506.

 

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Session Laws, 1980
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