Ch. 10                                          1995. LAWS OF MARYLAND

(2)      A PROTECTIVE ORDER;

(3)      A WARRANT; OR

(4)      (3) A WITNESS SUBPOENA.

4-506.

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

[(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] 120 90 days or both.

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

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