Ch. 561

1996 LAWS OF MARYLAND

(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.

(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;

(7)     establish temporary visitation with a minor child of the respondent and a
person eligible for relief on a basis which gives primary consideration to the welfare of the
minor child and the safety of any other person eligible for relief. If the court finds that the
safety of a person eligible for relief will be jeopardized by unsupervised or unrestricted
visitation, the court shall condition or restrict visitation as to time," place, duration, or
supervision, or deny visitation entirely, as needed to guard the safety of any person
eligible for relief;

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