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Session Laws, 1995
Volume 793, Page 2717   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 480

Article - Family Law

4-506.

(a)     A respondent 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)     (1) The temporary ex parte order shall state the date and time of the
protective order hearing.

(2) 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.

(c)     If the respondent appears for the protective order hearing, has been served
with the temporary ex parte order, or the court otherwise has personal jurisdiction over
the respondent, the court:

(1)     may proceed with the protective order hearing; and

(2)     if the court finds by clear and convincing evidence that the alleged abuse
has occurred, or if the respondent consents to the entry of a protective order, the court
may grant a protective order to protect any person eligible for relief from abuse.

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

(1)     order the respondent to refrain from abusing or threatening to abuse any
person eligible for relief;

(2)     order the respondent to refrain from contacting, attempting to contact,
or harassing any person eligible for relief;

(3)     order the respondent to refrain from entering the residence of any
person eligible for 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 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;

(5)     order the respondent to remain away from the place of employment,
school, or temporary residence of a person eligible for relief or home of other family
members;

(6)     award temporary custody of a minor child of the respondent and a
person eligible for relief;

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Session Laws, 1995
Volume 793, Page 2717   View pdf image
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