Home Table of Contents

§ 5-606. Modification or rescission of extreme risk protective order

West's Annotated Code of MarylandPublic SafetyEffective: October 1, 2018

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 5. Firearms (Refs & Annos)
Subtitle 6. Extreme Risk Protective Orders (Refs & Annos)
Effective: October 1, 2018
MD Code, Public Safety, § 5-606
§ 5-606. Modification or rescission of extreme risk protective order
Currentness
Notice and hearing
(a)(1) A final extreme risk protective order may be modified or rescinded during the term of the extreme risk protective order after:
(i) giving notice to all affected persons and the respondent; and
(ii) a hearing.
(2) For good cause shown, a judge may extend the term of a final extreme risk protective order for 6 months beyond the period specified in § 5-605(f) of this subtitle after:
(i) giving notice to all affected persons and the respondent; and
(ii) a hearing.
(3)(i) If, during the term of a final extreme risk protective order, a petitioner files a motion to extend the term of the order under paragraph (2) of this subsection, the court shall hold a hearing on the motion within 30 days after the motion is filed.
(ii) If the hearing on the motion is scheduled after the original expiration date of the final extreme risk protective order, the court shall extend the order and keep the terms of the order in full force and effect until the hearing on the motion.
Appeals
(b)(1) If a District Court judge grants or denies a petition filed under this subtitle, a respondent or a petitioner may appeal to the circuit court for the county in which the District Court is located.
(2) An appeal taken under this subsection to the circuit court shall be heard de novo in the circuit court not later than 60 days after the date the appeal is filed.
(3)(i) If an appeal is filed under this subsection, the District Court judgment shall remain in effect until superseded by a judgment of the circuit court.
(ii) Unless the circuit court orders otherwise, modification or enforcement of the District Court order shall be by the District Court.

Credits

Added by Acts 2018, c. 250, § 1, eff. Oct. 1, 2018.
MD Code, Public Safety, § 5-606, MD PUBLIC SAFETY § 5-606
Current through legislation effective through May 8, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document