Ch. 728

1994 LAWS OF MARYLAND

(1) EVIDENCE OF REPEATED PHYSICAL, PSYCHOLOGICAL, OR SEXUAL
ABUSE OF THE DEFENDANT PERPETRATED BY AN INDIVIDUAL WHO IS THE VICTIM
OF A CRIME FOR WHICH THE DEFENDANT HAS BEEN CHARGED; AND

(2) EXPERT TESTIMONY ON THE BATTERED CHILD SYNDROME.

Article - Courts and Judicial Proceedings

9-106.

The spouse of a person on trial for a crime may not be compelled to testify as an
adverse witness unless the charge involves:

(1) [the] THE abuse of a child under 18; OR

(2) ASSAULT AND BATTERY IN WHICH THE SPOUSE IS A VICTIM IF:

(I)      THE PERSON ON TRIAL WAS CHARGED WITH ASSAULT AND
BATTERY OF THE SPOUSE WITHIN 1 YEAR OF THE CURRENT CHARGE;

(II)     THE SPOUSE WAS SWORN TO TESTIFY AT THE PREVIOUS TRIAL;
AND

(III) THE SPOUSE REFUSED TO TESTIFY ON THE BASIS OF THE
PROVISIONS OF THIS SECTION.

Article - Family Law

4-509.

(a)      A person who fails to comply with the relief granted in an ex parte order
under § 4-505(a)(2)(i), (ii), (iii), (iv), or (v) of this subtitle or in a protective order under
§ 4-506(d)(1), (2), (3), (4), or (5) of this subtitle is guilty of a misdemeanor and on
conviction is subject, for each offense, to a fine not exceeding $500 or imprisonment not
exceeding 60 days or both.

(b)     An officer [may] SHALL arrest with or without a warrant and take into
custody a person whom the officer [observes] HAS PROBABLE CAUSE TO BELIEVE IS in
violation of an ex parte order or protective order in effect at the time of the violation.

Part III. [Battered Spouses] VICTIMS OF DOMESTIC VIOLENCE

4-513.

In this Part III of this subtitle, ["battered spouse"] "VICTIM OF DOMESTIC
VIOLENCE" means an individual who has received deliberate[, severe, and
demonstrable] physical injury[,] or is in fear of imminent deliberate[, severe, and
demonstrable] physical injury from [a spouse with whom the individual resides] A
CURRENT OR FORMER SPOUSE, OR A CURRENT OR FORMER COHABITANT, AS
DEFINED IN § 4-501 OF THIS SUBTITLE.

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