HARRY HUGHES, Governor

1909

Defined terms: "Abuse" § 4-501
"Court" § 4-501 "Family home" § 4-501
"Household members" § 4-501

4-506. PROTECTIVE ORDERS.

(A)  HEARING.

A HOUSEHOLD MEMBER SERVED WITH A TEMPORARY EX PARTE ORDER
UNDER § 4-505 OF THIS SUBTITLE SHALL HAVE AN OPPORTUNITY TO BE
HEARD ON THE QUESTION OF WHETHER THE COURT SHOULD ISSUE A
PROTECTIVE ORDER.

(B)  DATE AND TIME OF HEARING.

(1)  THE TEMPORARY EX PARTE ORDER SHALL STATE THE DATE
AND TIME OF THE PROTECTIVE ORDER HEARING.

(2)  THE PROTECTIVE ORDER HEARING SHALL BE HELD NO
LATER THAN 5 DAYS AFTER THE TEMPORARY EX PARTE ORDER IS SERVED ON
THE HOUSEHOLD MEMBER NAMED AS AN ABUSER IN THE TEMPORARY EX PARTE
ORDER.

(C)  FAILURE TO APPEAR.

IF THE HOUSEHOLD MEMBER NAMED AS AN ABUSER IN THE TEMPORARY
EX PARTE ORDER IS SERVED THE TEMPORARY EX PARTE ORDER AND FAILS
TO APPEAR FOR THE PROTECTIVE ORDER HEARING, THE COURT MAY
CONTINUE THE TEMPORARY EX PARTE ORDER FOR NOT MORE THAN 15 DAYS.

(D)  ISSUANCE OF PROTECTIVE ORDER.

IF THE HOUSEHOLD MEMBER NAMED AS AN ABUSER IN THE TEMPORARY
EX PARTE ORDER APPEARS FOR THE PROTECTIVE ORDER HEARING AND IF
THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE ALLEGED
ABUSE HAS OCCURRED, THE COURT MAY GRANT A PROTECTIVE ORDER TO
STOP THE ABUSE.

(E)  CONTENTS OF PROTECTIVE ORDER.
THE PROTECTIVE ORDER MAY:

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

(2)  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 15 DAYS;

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

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