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Session Laws, 1996
Volume 794, Page 3559   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 615

1. A CIVIL COURT IN RESPONSE TO A COMPLAINT, PETITION,
OR MOTION FILED BY OR ON BEHALF OF A PERSON SEEKING PROTECTION; OR

2. A CRIMINAL COURT; AND

(II) OBTAINED BY FILING AN INDEPENDENT ACTION OR AS A
PENDENTE LITE ORDER IN ANOTHER PROCEEDING.

(3)     "PROTECTION ORDER" DOES NOT INCLUDE A SUPPORT OR CHILD
CUSTODY ORDER.

(B) (A) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A
PROTECTIO
N A PROTECTIVE ORDER ISSUED BY A COURT OF ANOTHER STATE OR
AN INDIAN TRIBE SHALL BE ACCORDED FULL FAITH AND CREDIT BY A COURT OF
THIS STATE AND ENFORCED AS IF IT WERE AN ORDER OF THIS STATE IF:

(1) THE COURT THAT ISSUED THE ORDER HAD JURISDICTION OVER
THE PARTIES AND SUBJECT MATTER UNDER THE LAW OF THAT STATE OR INDIAN
TRIBE; AND

(2) REASONABLE NOTICE AND OPPORTUNITY TO BE HEARD WAS GIVEN
TO THE PERSON AGAINST WHOM THE ORDER WAS SOUGHT SUFFICIENT TO

PROTECT THAT PERSON'S RIGHT TO DUE PROCESS.

(C) A PROTECTION ORDER ISSUED BY A STATE OR TRIBAL COURT AGAINST A
PER
SON WHO HAS PETITIONED, FILED A COMPLAINT, OR OTHERWISE FILED A
WRITTEN PLEADING FOR PROTECTION AGAINST ABUSE IS NOT ENTITLED TO FULL
FAITH AND CREDIT IF
:

(1)     A CROSS OR COUNTER PETITION, COMPLAINT, OR OTHER WRITTEN
PLEADING
SEEKING A PROTECTION ORDER WAS NOT FILED; OR

(2) A CROSS OR COUNTER PETITION WAS FILED AND THE COURT DID
NOT MAKE SPECIFIC FINDING
S THAT EACH PARTY WAS ENTITLED TO A PROTECTION
ORDER.
SHALL BE ENFORCED ONLY TO THE EXTENT THAT THE ORDER AFFORDS
RELIEF THAT IS PERMITTED UNDER § 4-506(D) OF THIS SUBTITLE

(D) (B) A LAW ENFORCEMENT OFFICER 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 A PROTECTION PROTECTIVE
ORDER THAT WAS ISSUED BY A COURT OF ANOTHER STATE OR AN INDIAN TRIBE
AND IS IN EFFECT AT THE TIME OF THE VIOLATION IF THE PERSON SEEKING THE
ASSISTANCE OF THE LAW ENFORCEMENT OFFICER:

(1)     HAS FILED WITH THE DISTRICT COURT OR CIRCUIT COURT FOR THE
JURISDICTION IN WHICH THE PERSON SEEKS ASSISTANCE A COPY OF THE ORDER
THAT IS AUTHENTICATED IN ACCORDANCE WITH AN ACT OF CONGRESS OR
STATUTE OF THE ISSUING STATE; OR

(2)     DISPLAYS OR PRESENTS TO THE LAW ENFORCEMENT OFFICER A
COPY OF THE ORDER THAT IS AUTHENTICATED IN ACCORDANCE WITH AN ACT OF
CONGRESS OR STATUTE OF THE ISSUING STATE.

- 3559 -

 

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Session Laws, 1996
Volume 794, Page 3559   View pdf image
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