Ch. 562                                    1996 LAWS OF MARYLAND

(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:

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

(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)     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;

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