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PARRIS N. GLENDENING, Governor
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S.B. 501
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(H) A DECISION OF A COMMISSIONER TO GRANT OR DENY RELIEF UNDER THIS
SECTION IS NOT BINDING ON, AND DOES NOT AFFECT ANY POWER GRANTED TO OR
DUTY IMPOSED ON, A JUDGE OF A CIRCUIT COURT OR THE DISTRICT COURT UNDER
ANY LAW, INCLUDING ANY POWER TO GRANT OR DENY A PETITION FOR A
TEMPORARY PROTECTIVE ORDER OR FINAL PROTECTIVE ORDER
4-505.
(a) (1) If, AFTER A HEARING ON a petition [is filed under this subtitle and
the], WHETHER EX PARTE OR OTHERWISE, A [court] JUDGE finds that there are
reasonable grounds to believe that a person eligible for relief has been abused, the
[court, in an ex parte proceeding,] JUDGE may enter a temporary PROTECTIVE order
to protect any person eligible for relief from abuse.
(2) The temporary [ex parte] PROTECTIVE order may order any or all of
the following relief:
(i) order the respondent to refrain from further abuse or threats of
abuse of a person eligible for relief;
(ii) order the respondent to refrain from contacting, attempting to
contact, or harassing any person eligible for relief;
(iii) order the respondent to refrain from entering the residence of a
person eligible for relief;
(iv) where the person eligible for relief and the respondent are
residing together at the time of the alleged 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 resided in the home with the respondent for
a period of at least 90 days within 1 year before the filing of the petition;
(v) 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;
(vi) order the respondent to remain away from a child care provider
of a person eligible for relief while a child of the person is in the care of the child care
provider; and
(vii) award temporary custody of a minor child of the person eligible
for relief and the respondent.
(b) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
A law enforcement officer immediately shall serve the temporary [ex parte]
PROTECTIVE order on the alleged abuser under this section.
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- 4661 -
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