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PARRIS N. GLENDENING, Governor
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S.B. 501
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(b) (1) (i) The temporary [ex parte] PROTECTIVE order shall state the
date and time of the FINAL protective order hearing.
(ii) Unless continued for good cause, the FINAL protective order
hearing shall be held no later than 7 days after the temporary [ex parte]
PROTECTIVE order is served on the respondent.
(2) The temporary [ex parte] PROTECTIVE order shall include notice to
the respondent:
(i) in at least 10-point bold type, that if the respondent fails to
appear at the FINAL protective order hearing, the respondent may be served by
first-class mail at the respondent's last known address with the FINAL protective
order and all other notices concerning the FINAL protective order;
(ii) specifying all the possible forms of relief under subsection (d) of
this section that the FINAL protective order may contain;
(iii) that the FINAL protective order shall be effective for the period
stated in the order, not to exceed 12 months, unless the [court] JUDGE extends the
term of the order, under § 4-507(a)(2) of this subtitle; and
(iv) in at least 10-point bold type, that the respondent must notify
the court in writing of any change of address.
(c) (1) If the respondent appears [for the] BEFORE THE COURT AT A
protective order hearing[,] OR has been served with [the] AN INTERIM OR temporary
[ex parte] PROTECTIVE order, or the court otherwise has personal jurisdiction over
the respondent, the [court] JUDGE:
(i) may proceed with the FINAL protective order hearing; and
(ii) if the [court] JUDGE 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] JUDGE may grant a FINAL protective order to protect
any person eligible for relief from abuse.
(2) A FINAL 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]
JUDGE may issue mutual protective orders if the [court] JUDGE finds by clear and
convincing evidence that mutual abuse has occurred.
(ii) The [court) JUDGE may issue mutual FINAL protective orders
only if the [court] JUDGE makes a detailed finding of fact that:
1. both parties acted primarily as aggressors; and
2. neither party acted primarily in self-defense.
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(d) The FINAL protective order may include any or all of the following relief:
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- 4663 -
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