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§ 4-504. Petition for relief from abuse

West's Annotated Code of MarylandFamily LawEffective: October 1, 2016

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 4. Spouses (Refs & Annos)
Subtitle 5. Domestic Violence (Refs & Annos)
Part II. Household Violence (Refs & Annos)
Effective: October 1, 2016
MD Code, Family Law, § 4-504
§ 4-504. Petition for relief from abuse
Currentness
Who may file
(a)(1) A petitioner may seek relief from abuse by filing with a court, or with a commissioner under the circumstances specified in § 4-504.1(a) of this subtitle, a petition that alleges abuse of any person eligible for relief by the respondent.
(2) A petition may be filed under this subtitle if:
(i) the abuse is alleged to have occurred in the State; or
(ii) the person eligible for relief is a resident of the State, regardless of whether the abuse is alleged to have occurred in the State.
Contents of petition
(b)(1) The petition shall:
(i) be under oath; and
(ii) include any information known to the petitioner of:
1. the nature and extent of the abuse for which the relief is being sought, including information known to the petitioner concerning previous injury resulting from abuse by the respondent;
2. each previous action between the parties in any court;
3. each pending action between the parties in any court;
4. the whereabouts of the respondent, if known;
5. if financial relief is requested, information known to the petitioner regarding the financial resources of the respondent; and
6. in a case of alleged child abuse or alleged abuse of a vulnerable adult, the whereabouts of the child or vulnerable adult and any other information relating to the abuse of the child or vulnerable adult.
(2) If the petition states that disclosure of the address of a person eligible for relief would risk further abuse of a person eligible for relief, or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from all documents filed with a commissioner or filed with, or transferred to, a court. If disclosure is necessary to determine jurisdiction or consider any venue issue, it shall be made orally and in camera and may not be disclosed to the respondent.
Cost
(c) The petitioner may not be required to pay a filing fee or costs for the issuance or service of:
(1) an interim protective order;
(2) a temporary protective order;
(3) a final protective order; or
(4) a witness subpoena.
Notification of service
(d)(1) If a petitioner has requested notification of the service of a protective order, the Department of Public Safety and Correctional Services shall:
(i) notify the petitioner of the service on the respondent of an interim or a temporary protective order within one hour after a law enforcement officer electronically notifies the Department of Public Safety and Correctional Services of the service; and
(ii) notify the petitioner of the service on the respondent of a final protective order within one hour after knowledge of service of the order on the respondent.
(2) The Department of Public Safety and Correctional Services shall develop a notification request form and procedures for notification under this subsection.
(3) The court clerk or Commissioner shall provide the notification request form to a petitioner.

Credits

Added by Acts 1984, c. 296, § 2, eff. Oct. 1, 1984. Amended by Acts 1985, c. 493, § 1, eff. June 1, 1985; Acts 1989, c. 5, § 1, eff. March 9, 1989; Acts 1991, c. 390, § 1, eff. July 1, 1991; Acts 1992, c. 65, § 1, eff. Oct. 1, 1992; Acts 1994, c. 469, § 1, eff. Oct. 1, 1994; Acts 1995, c. 9, § 1, eff. Oct. 1, 1995; Acts 1995, c. 10, § 1, eff. Oct. 1, 1995; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2002, c. 235, § 3, eff. Dec. 18, 2002; Acts 2009, c. 711, § 1, eff. Jan. 1, 2010; Acts 2015, c. 418, § 1, eff. Oct. 1, 2015; Acts 2016, c. 489, § 1, eff. Oct. 1, 2016.
MD Code, Family Law, § 4-504, MD FAMILY § 4-504
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.
End of Document