HARRY HUGHES, Governor
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BY repealing and reenacting, with amendments,
Article - Courts and judicial Proceedings
Section 4-503 and 4-504
Annotated Code of Maryland
(1980 Replacement Volume and 1981 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
read(s) as follows:
Article - Courts and Judicial Proceedings
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 service of the
order on the household member.
(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) An order to require the respondent to vacate
the family home immediately and grant temporary possession
of the family home to the petitioner ON SERVICE OF THE EX
PARTE ORDER for up to 5 days. Any extensions to the order
to vacate the family home and grant temporary possession of
it to the petitioner, granted for good cause shown, may not
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, criminal prosecution, and incarceration.
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