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RULE 3-731. PEACE ORDERS

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2024

West's Annotated Code of Maryland
Maryland Rules
Title 3. Civil Procedure--District Court
Chapter 700. Special Proceedings
Effective: January 1, 2024
MD Rules, Rule 3-731
RULE 3-731. PEACE ORDERS
Currentness
(a) Generally. Proceedings for a peace order are governed by Code, Courts Article, Title 3, Subtitle 15.
(b) Form of Petition. A petition for relief under the statute shall be substantially in the form approved by the State Court Administrator and the Chief Justice of the Supreme Court, posted on the judiciary website, and available in the offices of the clerks of the District Court.
(c) Service
(1) Generally. Service of an interim, temporary, or final peace order shall be made in accordance with Code, Courts Article, § 3-1503.1, § 3-1504, or § 3-1505, as applicable.
(2) Service on Custodial Parent. In addition to the service required by subsection (c)(1) of this Rule, if a petition is filed by a non-custodial parent on behalf of a minor pursuant to Rule 3-202 (c), service of a temporary or final peace order shall be made by first-class mail by the court on the custodial parent. If a petition is filed by a guardian on behalf of a minor pursuant to Rule 3-202 (c), service of a temporary or final peace order shall be made by first-class mail by the court on each parent.
(d) Modification; Rescission; Extension. Upon the filing of a motion, a judge may modify, rescind, or extend a peace order. Modification, rescission, and extension of peace orders are governed by Code, Courts Article, § 3-1506(a). If a motion to extend a final peace order is filed before the original expiration date of the peace order, and the hearing is not held by that date, the peace order shall be automatically extended until the hearing is held. The motion shall be presented to a judge forthwith.
Committee note: Although Code, Courts Article, § 3-1506(a) automatically extends a peace order under certain circumstances, judges are encouraged to issue an order even when the automatic extension is applicable.
Source: This Rule is new.

Credits

[Adopted Dec. 16, 1999, eff. Jan. 1, 2000. Amended Nov. 12, 2003, eff. Jan. 1, 2004; March 30, 2021, eff. July 1, 2021; Feb. 9, 2022, eff. April 1, 2022; April 21, 2023, eff. nunc pro tunc April 1, 2023; Nov. 28, 2023, eff. Jan. 1, 2024.]
MD Rules, Rule 3-731, MD R RCP DIST CT Rule 3-731
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document