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Ch. 235
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2002 LAWS OF MARYLAND
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(e) In determining whether to order the respondent to vacate the home under
§ 4-505(a)(2)(iv) of this subtitle or subsection (d)(4) of this section, the [court] JUDGE
shall consider the following factors:
(1) the housing needs of any minor child living in the home;
(2) the duration of the relationship between the respondent and any
person eligible for relief;
(3) title to the home;
(4) pendency and type of criminal charges against the respondent;
(5) the history and severity of abuse in the relationship between the
respondent and any person eligible for relief;
(6) the existence of alternative housing for the respondent and any
person eligible for relief; and
(7) the financial resources of the respondent and the person eligible for
relief.
(f) (1) A copy of the FINAL protective order shall be served on the petitioner,
the respondent, any affected person eligible for relief, the appropriate law
enforcement agency, and any other person the [court] JUDGE determines is
appropriate, in open court or, if the person is not present at the FINAL protective
order hearing, by first class mail to the person's last known address.
(2) A copy of the FINAL protective order served on the respondent in
accordance with paragraph (1) of this subsection constitutes actual notice to the
respondent of the contents of the FINAL protective order. Service is complete upon
mailing.
(g) (1) Except as provided in paragraph (2) of this subsection, all relief
granted in a FINAL protective order shall be effective for the period stated in the
order, not to exceed 12 months.
(2) A subsequent circuit court order pertaining to any of the provisions
included in the FINAL protective order shall supersede those provisions in the FINAL
protective order.
4-507.
(a) (1) [The court that issued the] A protective order may [modify or
rescind the protective order] BE MODIFIED OR RESCINDED during the term of the
protective order after:
(i) giving notice to all affected persons eligible for relief and the
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respondent; and
(ii) a hearing.
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- 1940 -
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