1908

LAWS OF MARYLAND

Ch. 296

ENTER A TEMPORARY ORDER TO PROTECT THE PETITIONER OR ANOTHER
HOUSEHOLD MEMBER FROM ABUSE.

(2) THE TEMPORARY EX PARTE ORDER MAY:

(I)  ORDER THE ALLEGED ABUSER TO REFRAIN FROM
ABUSING HOUSEHOLD MEMBERS;

(II)  ORDER THE ALLEGED ABUSER TO VACATE THE
FAMILY HOME IMMEDIATELY AND GRANT TEMPORARY POSSESSION OF THE
FAMILY HOME TO THE PETITIONER FOR NOT MORE THAN 5 DAYS AFTER
SERVICE OF THE EX PARTE ORDER;

(III)  AWARD TEMPORARY CUSTODY OF A MINOR
HOUSEHOLD MEMBER;

(IV)  DIRECT ANY OR ALL OF THE HOUSEHOLD MEMBERS
TO PARTICIPATE IN A PROFESSIONALLY SUPERVISED COUNSELING PROGRAM;
AND

(V)  ORDER ANY OTHER RELIEF AS NECESSARY.

(B) SERVICE.

A LAW ENFORCEMENT OFFICER IMMEDIATELY SHALL SERVE THE
TEMPORARY EX PARTE ORDER ON THE HOUSEHOLD MEMBER NAMED AS AN
ABUSER IN THE PETITION UNDER THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first sentence and
the first clause of the second sentence of former CJ §
4-503(a)(l) and (b), except the first sentence of (b)
and the second sentence of (b)(2).

In subsection (a)(1) of this section, the phrase "that
a household member has been abused" is substituted for
the former phrase "an abuse of a household member",
for clarity.

In subsection (b) of this section, the phrase "as an
abuser", which modifies "named", is new language added
for clarity.

The Commission to Revise the Annotated Code calls the
attention of the General Assembly to the revision of
this section. As revised, the relief provided for in
former CJ § 4-503(b) is expressly made available ex
parte under this section as well as following a
hearing under § 4-506 of this subtitle. Legislative
intent appears to have been to permit the same relief
ex parte as is permitted after a full hearing and this
revision gives effect to that intent. In practice,
former CJ § 4-503 has been construed by the District
Court in a manner consistent with this revision.