PARRIS N. GLENDENING, Governor

Ch. 9

[(2)](II) 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.

(2) THE COURT MAY NOT GRANT A MUTUAL PROTECTIVE ORDER TO
BOTH THE PETITIONER AND THE RESPONDENT UNLESS:

(I) THE RESPONDENT CROSS FILED A PETITION SEEKING RELIEF
FROM ABUSE; AND

(II) THE COURT MAKES A DETAILED FINDING OF FACTS THAT
BOTH PARTIES ACTED AS PRIMARY PHYSICAL AGGRESSORS AND THAT NEITHER
PARTY ACTED IN SELF DEFENSE.

(2) A PROTECTIVE ORDER MAY BE ISSUED ONLY TO A PERSON WHO HAS
FILED A PETITION UNDER § 4-504 OF THIS SUBTITLE.

(3) (I) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS
PARAGRAPH, IN CASES WHERE BOTH PARTIES FILE A PETITION UNDER § 4-504 OF THIS
SUBTITLE, THE COURT MAY ISSUE MUTUAL PROTECTIVE ORDERS IF THE COURT FINDS
BY CLEAR AND CONVINCING EVIDENCE THAT MUTUAL ABUSE HAS OCCURRED.

(II) THE COURT MAY ISSUE MUTUAL PROTECTIVE ORDERS ONLY IF
THE COURT MAKES A DETAILED FINDING OF FACT THAT:

1. BOTH PARTIES ACTED PRIMARILY AS AGGRESSORS; AND

2. NEITHER PARTY ACTED PRIMARILY IN SELF-DEFENSE.

4-509.

(a)     (1) 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]—$1,000 or
imprisonment not exceeding [60] 430 90 days or both.

(2) (I) ONE-HALF OF ALL FINES COLLECTED UNDER THIS SECTION
SHALL BE PAID TO THE COMPTROLLER OF THE TREASURY.

(II)THE COMPTROLLER SHALL DEPOSIT THE MONEYS RECEIVED
UNDER THIS SECTION INTO THE VICTIMS OF DOMESTIC VIOLENCE FUND
ESTABLISHED UNDER § 4 515.1 OF THE FAMILY LAW ARTICLE.

(b)     An officer [may] SHALL arrest with or without a warrant and take into
custody a person whom the officer has probable cause to believe is in violation of an ex
parte order or protective order in effect at the time of the violation.

4-515.

(a) (1) The Secretary shall establish a program in the Department of Human
Resources to help victims of domestic violence and their children.

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