(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 the respondent has committed, and is likely to commit in the future, an act specified in § 3-1503(a) of this subtitle against the petitioner or the petitioner's employee, the judge may issue a temporary peace order to protect the petitioner or the petitioner's employee.
(2) The temporary peace order may include any or all of the following relief:
(i) Order the respondent to refrain from committing or threatening to commit an act specified in § 3-1503(a) of this subtitle against the petitioner or the petitioner's employee;
(ii) Order the respondent to refrain from contacting, attempting to contact, or harassing the petitioner or the petitioner's employee;
(iii) Order the respondent to refrain from entering the residence of the petitioner or the petitioner's employee; and
(iv) Order the respondent to remain away from the place of employment, school, or temporary residence of the petitioner or the petitioner's employee.
(3) If the judge issues an order under this section, the order shall contain only the relief that is minimally necessary to protect the petitioner or the petitioner's employee.
Service of order by law enforcement officer
(b)(1) Except as provided in paragraph (2) of this subsection, a law enforcement officer immediately shall serve the temporary peace order on the respondent.
(2) A respondent who has been served with an interim peace order under § 3-1503.1 of this subtitle shall be served with the temporary peace order in open court or, if the respondent is not present at the temporary peace order hearing, by first-class mail at the respondent's last known address.
Duration of order
(c)(1) Except as otherwise provided in this subsection, the temporary peace order shall be effective for not more than 7 days after service of the order.
(2) The judge may extend the temporary peace order as needed, but not to exceed 30 days, to effectuate service of the order where necessary to provide protection or for other good cause.
(3) If the court is closed on the day on which the temporary peace order is due to expire, the temporary peace order shall be effective until the second day on which the court is open, by which time the court shall hold a final peace order hearing.
Final peace order hearings
(d) The judge may proceed with a final peace order hearing instead of a temporary peace order hearing if:
(1)(i) The respondent appears at the hearing;
(ii) The respondent has been served with an interim peace order; or
(iii) The court otherwise has personal jurisdiction over the respondent; and
(2) The petitioner or the petitioner's employee and the respondent expressly consent to waive the temporary peace order hearing.
Credits
Added by Acts 1999, c. 404, § 1, eff. Oct. 1, 1999. Amended by Acts 2002, c. 235, § 3, eff. Dec. 18, 2002; Acts 2012, c. 142, § 1, eff. Oct. 1, 2012; Acts 2021, c. 341, § 1, eff. Oct. 1, 2021.
MD Code, Courts and Judicial Proceedings, § 3-1504, MD CTS & JUD PRO § 3-1504
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.
