HARRY HUGHES, Governor

1907

(I)  EACH PREVIOUS ACTION BETWEEN THE PARTIES IN
ANY COURT; AND

(II)  EACH PENDING ACTION BETWEEN THE PARTIES IN
ANY COURT.

(C) COST.

(1)  THE COURT MAY WAIVE OR DEFER IN ADVANCE THE COST
OF FILING A PETITION ON A SHOWING BY AFFIDAVIT THAT:

(I)  THE PETITIONER IS INDIGENT; OR

(II)  BECAUSE OF THE CIRCUMSTANCES, THE
PETITIONER, OTHERWISE ABLE TO PAY, IS UNABLE TO PAY THE COST AT
THE TIME OF FILING.

(2)  UNDER THESE CIRCUMSTANCES, THE COURT LATER MAY
WAIVE COSTS, OR ASSESS COSTS AGAINST THE PETITIONER OR THE
ABUSER.

REVISOR'S NOTE: This section formerly appeared as CJ §
4-502.

In subsection (a) of this section, the phrase "from
abuse", which modifies "relief", is new language added
for clarity.

Also in subsection (a) of this section, the phrase "of
any household member" is new language added to clarify
the original legislative intent behind this section.

The only other changes are in style.

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that the phrase
"these circumstances" in subsection (c)(2) of this
section is vague. That phrase, which also appeared in
former CJ § 4-502(c)(2), logically seems to refer to
the circumstances of subsection (c)(1)(ii) of this
section, i.e., the inability of the petitioner to pay.
However, that paragraph could be read to refer to the
circumstances of subsection (c)(1)(i) of this section,
i.e., indigency.

Defined terms: "Abuse" § 4-501

"Court" § 4-501 "Household members" § 4-501

4-505. TEMPORARY EX PARTE ORDERS.

(A) IN GENERAL.

(1) IF A PETITION IS FILED UNDER THIS SUBTITLE AND
THE COURT FINDS THAT THE PETITIONER HAS SHOWN THAT A HOUSEHOLD
MEMBER HAS BEEN ABUSED, THE COURT, IN AN EX PARTE PROCEEDING, MAY