§ 4-505. Temporary protective orders
West's Annotated Code of MarylandFamily LawEffective: October 1, 2016
Effective: October 1, 2016
MD Code, Family Law, § 4-505
§ 4-505. Temporary protective orders
(a)(1) If, after a hearing on a petition, whether ex parte or otherwise, a judge finds that there are reasonable grounds to believe that a person eligible for relief has been abused, the judge may enter a temporary protective order to protect any person eligible for relief from abuse.
(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;
(b)(1) Except as provided in paragraph (2) of this subsection, a law enforcement officer shall:
(2) A respondent who has been served with an interim protective order under § 4-504.1 of this subtitle shall be served with the temporary protective order in open court or, if the respondent is not present at the temporary protective order hearing, by first-class mail at the respondent's last known address.
(c)(1) Except as otherwise provided in this subsection, the temporary protective order shall be effective for not more than 7 days after service of the order.
(d) The judge may proceed with a final protective order hearing instead of a temporary protective order hearing, if:
(e)(1) Whenever a judge finds reasonable grounds to believe that abuse of a child, as defined in Title 5, Subtitle 7 of this article, or abuse of a vulnerable adult, as defined in Title 14, Subtitle 1 of this article, has occurred, the court shall forward to the local department a copy of the petition and temporary protective order.
Credits
Added by Acts 1984, c. 296, § 2, eff. Oct. 1, 1984. Amended by Acts 1985, c. 493, § 1, eff. June 1, 1985; Acts 1991, c. 390, § 1, eff. July 1, 1991; Acts 1992, c. 65, § 2, eff. Oct. 1, 1992; Acts 1994, c. 469, § 1, eff. Oct. 1, 1994; Acts 1999, c. 449, § 2, eff. Oct. 1, 1999; Acts 1999, c. 403, § 1, eff. Oct. 1, 1999; Acts 2002, c. 235, § 3, eff. Dec. 18, 2002; Acts 2009, c. 490, § 1, eff. Oct. 1, 2009; Acts 2009, c. 491, § 1, eff. Oct. 1, 2009; Acts 2009, c. 563, § 1, eff. Oct. 1, 2009; Acts 2009, c. 564, § 1, eff. Oct. 1, 2009; Acts 2009, c. 595, § 1, eff. Oct. 1, 2009; Acts 2009, c. 596, § 1, eff. Oct. 1, 2009; Acts 2009, c. 711, § 1, eff. Jan. 1, 2010; Acts 2011, c. 103, § 1, eff. Oct. 1, 2011; Acts 2011, c. 283, § 1, eff. Oct. 1, 2011; Acts 2011, c. 284, § 1, eff. Oct. 1, 2011; Acts 2012, c. 142, § 1, eff. Oct. 1, 2012; Acts 2016, c. 489, § 1, eff. Oct. 1, 2016.
MD Code, Family Law, § 4-505, MD FAMILY § 4-505
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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