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Session Laws, 1994
Volume 773, Page 3817   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                          H.B. 351

the home, provided that the court may not grant an order to vacate and award temporary
use and possession of the home to a nonspouse person eligible for relief unless the name
of the person eligible for relief appears on the lease or deed to the home or the person
eligible for relief has resided in the home with the respondent for a period of at least 90
days within 1 year before the filing of the petition;

(vi) award temporary custody of a minor child of the [persons]
PERSON eligible for relief and the respondent.

(c)      (2) The court may extend the temporary ex parte order as needed, but not to
exceed 30 days, to effectuate service of the order where necessary to provide protection
OR FOR OTHER GOOD CAUSE.

4-506.

(b) (2) [The] UNLESS CONTINUED FOR GOOD CAUSE, THE protective order
hearing shall be held no later than 7 days after the temporary ex parte order is served on
the respondent.

(d)     The protective order may include any or all of the following relief:

(4) where the person eligible for relief and the respondent are residing
together at the time of the abuse, order the respondent to vacate the home immediately
and award temporary use and possession of the home to the person eligible for relief or,
in the case of alleged [child] abuse OF A CHILD or alleged abuse of a vulnerable adult,
award temporary use and possession of the home to an adult living in the home, provided
that the court may not grant an order to vacate and award temporary use and possession
of the home to a nonspouse person eligible for relief unless the name of the person
eligible for relief appears on the lease or deed to the home or the person eligible for relief
has shared the home with the respondent for a period of at least 90 days within 1 year
before the filing of the petition;

(8) award emergency family maintenance as necessary to support any person
eligible for relief to whom the respondent has a duty of support under this article. THE
COURT MAY CONSIDER THE CHILD SUPPORT GUIDELINES, AS SET FORTH IN TITLE
12, SUBTITLE 2 OF THIS ARTICLE, WHEN ARRIVING AT A FIGURE FOR THE SUPPORT
OF CHILDREN;

(f) (1) [A] UNLESS THE COURT ORDERS OTHERWISE, A copy of the
protective order shall be served on:

(i) the [respondent,] PETITIONER, any affected person eligible for
relief, [and the petitioner;

(ii)] the appropriate law enforcement agency, [; and

(iii)] AND any other person the court determines is appropriate, IN
OPEN COURT OR BY FIRST CLASS MAIL]; AND.

(II) (2) (I) A COPY OF THE PROTECTIVE ORDER SHALL BE
SERVED ON THE RESPONDENT, IN OPEN COURT OR BY A LAW ENFORCEMENT
OFFICER, CONSTABLE, OR SHERIFF.

- 3817 -

 

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Session Laws, 1994
Volume 773, Page 3817   View pdf image
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