Domestic Abuse Laws
Maryland
2001
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Family Law --
Title 4. Spouses --
Subtitle 5. Domestic Violence
PART I. DEFINITIONS
§ 4-501. Definitions.
(a) In general.- In this subtitle the following words have
the meanings indicated.
(b) Abuse.- (1) "Abuse" means any of the following acts:
(i) an act that causes serious bodily harm;
(ii) an act that places a person eligible for relief in fear of imminent
serious bodily harm;
(iii) assault in any degree;
(iv) rape or sexual offense as defined by Article 27, §§ 462 through
464C of the Code or attempted rape or sexual offense in any degree; or
(v) false imprisonment.
(2) If the person for whom relief is sought is a child, "abuse" may also
include abuse of a child, as defined in Title 5, Subtitle 7 of this article.
Nothing in this subtitle shall be construed to prohibit reasonable punishment,
including reasonable corporal punishment, in light of the age and condition
of the child, from being performed by a parent or stepparent of the child.
(3) If the person for whom relief is sought is a vulnerable adult, "abuse"
may also include abuse of a vulnerable adult, as defined in Title 14, Subtitle
1 of this article.
(c) Cohabitant.- "Cohabitant" means a person who has had a
sexual relationship with the respondent and resided with the respondent in
the home for a period of at least 90 days within 1 year before the filing
of the petition.
(d) Court.- "Court" means the District Court or a circuit court in
this State.
(e) Emergency family maintenance.- "Emergency family maintenance"
means a monetary award given to or for a person eligible for relief to whom
the respondent has a duty of support under this article based on:
(1) the financial needs of the person eligible for relief; and
(2) the resources available to the person eligible for relief and the respondent.
(f) Home.- "Home" means the property in this State that:
(1) is the principal residence of a person eligible for relief; and
(2) is owned, rented, or leased by the person eligible for relief or respondent
or, in a petition alleging child abuse or abuse of a vulnerable adult, an
adult living in the home at the time of a proceeding under this subtitle.
(g) Local department.- "Local department" means the local department
of social services that has jurisdiction in the county:
(1) where the home is located; or
(2) if different, where the abuse is alleged to have taken place.
(h) Person eligible for relief.- "Person eligible for relief" includes:
(1) the current or former spouse of the respondent;
(2) a cohabitant of the respondent;
(3) a person related to the respondent by blood, marriage, or adoption;
(4) a parent, stepparent, child, or stepchild of the respondent or the person
eligible for relief who resides or resided with the respondent or person
eligible for relief for at least 90 days within 1 year before the filing
of the petition;
(5) a vulnerable adult; or
(6) an individual who has a child in common with the respondent.
(i) Petitioner.-
(1) "Petitioner" means an individual who files a petition.
(2) "Petitioner" includes:
(i) a person eligible for relief; or
(ii) the following persons who may seek relief from abuse on behalf of a
minor or vulnerable adult:
1. the State's Attorney for the county where the child or vulnerable adult
lives, or, if different, where the abuse is alleged to have taken place;
2. the department of social services that has jurisdiction in the county
where the child or vulnerable adult lives, or, if different, where the abuse
is alleged to have taken place;
3. a person related to the child or vulnerable adult by blood, marriage,
or adoption; or
4. an adult who resides in the home.
(j) Residence.- "Residence" includes the yard, grounds, outbuildings,
and common areas surrounding the residence.
(k) Respondent.- "Respondent" means the person alleged in the petition
to have committed the abuse.
( l) Vulnerable adult.- "Vulnerable adult" has the meaning provided
in § 14-101 (q) of this article.
[CJ § 4-501; 1984, ch. 296, § 2; 1985, ch. 493; 1988, ch. 112;
1989, ch. 5, § 1; 1991, chs. 98, 390; 1992, ch. 65; 1994, ch. 469; 1996,
ch. 632; 1997, ch. 14, § 1; ch. 307, §§ 1, 2.]
PART II. HOUSEHOLD
VIOLENCE
§ 4-504. Petition for relief from abuse.
(a) In general.- A petitioner may seek relief from abuse by filing
with a court a petition that alleges abuse of any person eligible for relief
by the respondent.
( b) Contents; exceptions.-
(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 petitioner regarding
the financial resources of 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 the 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.
(c) Fees.- The petitioner may not be required to pay a filing fee
or costs for the issuance or service of:
(1) a temporary ex parte order;
(2) a protective order; or
(3) a witness subpoena.
(d) Copy of petition to local department; investigation and report by local
department.-
(1) When the court 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 a copy of the petition and the ex parte order to
the local department.
(2) When the local department receives the petition and the ex parte order
from the court, the local department shall:
(i) 1. investigate the alleged abuse as provided in Title 5, Subtitle 7 of
this article; or 2. investigate the alleged abuse as provided in Title 14,
Subtitle 3 of this article; and
(ii) forward a copy of the report of the investigation to the court by the
date of the protective order hearing.
[CJ § 4-502; 1984, ch. 296, § 2; 1985, ch. 493; 1989, ch. 5, §
1; 1991, ch. 390; 1992, ch. 65; 1994, ch. 469; 1995, chs. 9, 10.]
§ 4-505.
Temporary ex parte orders.
(a) In general.-
(1) If a petition is filed under this subtitle and the court finds that there
are reasonable grounds to believe that a person eligible for relief has been
abused, the court, in an ex parte proceeding, may enter a temporary order
to protect any person eligible for relief from abuse.
(2) The temporary ex parte order may order any or all of the following relief:
(i) order the respondent to refrain from further abuse or threats of abuse
of a person eligible for relief;
(ii) order the respondent to refrain from contacting, attempting to contact,
or harassing any person eligible for relief;
(iii) order the respondent to refrain from entering the residence of a person
eligible for relief;
(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;
(v) order the respondent to remain away from the place of employment, school,
or temporary residence of a person eligible for relief or home of other family
members; and
(vi) award temporary custody of a minor child of the person eligible for
relief and the respondent.
(b) Service.-
(1) A law enforcement officer immediately shall serve the temporary ex parte
order on the alleged abuser under this section.
(2) There shall be no cost to the petitioner for service of the temporary
ex parte order.
(c) Duration; extension.-
(1) The temporary ex parte order shall be effective for not more than 7 days
after service of the order.
(2) The court may extend the temporary ex parte 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.
[CJ § 4-503; 1984, ch. 296, § 2; 1985, ch. 493; 1991, ch. 390;
1992, ch. 65; 1994, ch. 469.]
§ 4-506.
Protective orders.
(a) Hearing - In general.- A respondent under § 4-505 of this
subtitle shall have an opportunity to be heard on the question of whether
the court should issue a protective order.
(b) Same - Date and time.-
(1) (i) The temporary ex parte order shall state the date and time of the
protective order hearing.
(ii) Unless continued for good cause, the protective order hearing shall
be held no later than 7 days after the temporary ex parte order is served
on the respondent.
(2) The temporary ex parte order shall include notice to the respondent:
(i) in at least 10-point bold type, that if the respondent fails to appear
at the protective order hearing, the respondent may be served by first-class
mail at the respondent's last known address with the protective order and
all other notices concerning the protective order;
(ii) specifying all the possible forms of relief under subsection (d) of
this section that the protective order may contain;
(iii) that the protective order shall be effective for the period stated
in the order, not to exceed 12 months, unless the court extends the term
of the order, under § 4-507 (a) (2) of this subtitle; and
(iv) in at least 10-point bold type, that the respondent must notify the
court in writing of any change of address.
(c) Issuance.-
(1) If the respondent appears for the protective order hearing, has been
served with the temporary ex parte order, or the court otherwise has personal
jurisdiction over the respondent, the court:
(i) may proceed with the protective order hearing; and
(ii) if the court finds by clear and convincing evidence that the alleged
abuse has occurred, or if the respondent consents to the entry of a protective
order, the court may grant a protective order to protect any person eligible
for relief from abuse.
(2) A protective order may be issued only to a person who has filed a petition
under § 4-504 of this subtitle.
(3) (i) Subject to the provisions of subparagraph (ii) of this paragraph,
in cases where both parties file a petition under § 4-504 of this subtitle,
the court may issue mutual protective orders if the court finds by clear
and convincing evidence that mutual abuse has occurred.
(ii) The court may issue mutual protective orders only if the court makes
a detailed finding of fact that:
1. both parties acted primarily as aggressors; and
2. neither party acted primarily in self-defense.
(d) Contents.- The protective order may include any or all of the
following relief:
(1) order the respondent to refrain from abusing or threatening to abuse
any person eligible for relief;
(2) order the respondent to refrain from contacting, attempting to contact,
or harassing any person eligible for relief;
(3) order the respondent to refrain from entering the residence of any person
eligible for relief;
(4) where the person eligible for relief and the respondent are residing
together at the time of the 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 shared the home with the respondent for a period of at least 90 days
within 1 year before the filing of the petition;
(5) order the respondent to remain away from the place of employment, school,
or temporary residence of a person eligible for relief or home of other family
members;
(6) award temporary custody of a minor child of the respondent and a person
eligible for relief;
(7) establish temporary visitation with a minor child of the respondent and
a person eligible for relief on a basis which gives primary consideration
to the welfare of the minor child and the safety of any other person eligible
for relief. If the court finds that the safety of a person eligible for relief
will be jeopardized by unsupervised or unrestricted visitation, the court
shall condition or restrict visitation as to time, place, duration, or
supervision, or deny visitation entirely, as needed to guard the safety of
any person eligible for relief;
(8) award emergency family maintenance as necessary to support any person
eligible for relief to whom the respondent has a duty of support under this
article, including an immediate and continuing withholding order on all earnings
of the respondent in the amount of the ordered emergency family maintenance
in accordance with the procedures specified in Title 10, Subtitle 1, Part
III of this article;
(9) award temporary use and possession of a vehicle jointly owned by the
respondent and a person eligible for relief to the person eligible for relief
if necessary for the employment of the person eligible for relief or for
the care of a minor child of the respondent or a person eligible for relief;
(10) direct the respondent or any or all of the persons eligible for relief
to participate in professionally supervised counseling or a domestic violence
program;
(11) order the respondent to surrender to law enforcement authorities any
firearm in the respondent's possession for the duration of the protective
order; or
(12) order the respondent to pay filing fees and costs of a proceeding under
this subtitle.
(e) Factors in ordering vacation of home.- In determining whether
to order the respondent to vacate the home under § 4-505 (a) (2) (iv)
of this subtitle or subsection (d) (4) of this section, the court shall consider
the following factors:
(1) the housing needs of any minor child living in the home;
(2) the duration of the relationship between the respondent and any person
eligible for relief;
(3) title to the home;
(4) pendency and type of criminal charges against the respondent;
(5) the history and severity of abuse in the relationship between the respondent
and any person eligible for relief;
(6) the existence of alternative housing for the respondent and any person
eligible for relief; and
(7) the financial resources of the respondent and the person eligible for
relief.
(f) Service.-
(1) A copy of the protective order shall be served on the petitioner, the
respondent, any affected person eligible for relief, the appropriate law
enforcement agency, and any other person the court determines is appropriate,
in open court or, if the person is not present at the protective order hearing,
by first class mail to the person's last known address.
(2) A copy of the protective order served on the respondent in accordance
with paragraph (1) of this subsection constitutes actual notice to the respondent
of the contents of the protective order. Service is complete upon mailing.
(g) Duration.-
(1) Except as provided in paragraph (2) of this subsection, all relief
granted in a protective order shall be effective for the period stated in
the order, not to exceed 12 months.
(2) A subsequent circuit court order pertaining to any of the provisions
included in the protective order shall supersede those provisions in the
protective order.
[CJ § 4-503; 1984, ch. 296, § 2; 1985, chs. 187, 493; 1987, ch.
247; 1991, ch. 390; 1992, ch. 65; 1994, ch. 469; 1995, chs. 9, 10, 480; 1996,
ch. 561, § 2; ch. 562, § 2; 1997, ch. 307, § 2.]
§ 4-507.
Modification or rescission of orders; appeals.
(a) Modification or rescission of orders generally.-
(1) The court that issued the protective order may modify or rescind the
protective order during the term of the protective order after:
(i) giving notice to all affected persons eligible for relief and the respondent;
and (ii) a hearing.
(2) For good cause shown, the court that issued a protective order may extend
the term of the protective order for 6 months beyond the period specified
in § 4-506 (g) of this subtitle, after:
(i) giving notice to all affected persons eligible for relief and the respondent;
and
(ii) a hearing.
(b) Appeals and judicial review.-
(1) If the District Court grants or denies relief under a petition filed
under this subtitle, a respondent, any person eligible for relief, or a
petitioner may appeal to the circuit court for the county where 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.
(3) 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.
Unless the circuit court orders otherwise, modification or enforcement of
the District Court order shall be by the District Court.
[1992, ch. 65; 1994, ch. 469; 1997, ch. 307, § 2.]
§ 4-508.
Sanctions for violating order.
The temporary ex parte order and protective order issued under this subtitle
shall state that a violation of the order may result in:
(1) a finding of contempt;
(2) criminal prosecution; and
(3) imprisonment or fine or both. [1992, ch.
65; 1994, ch. 469.]
§
4-508.1. Out-of-state protective orders.
(a) Enforcement of protective orders in Maryland.-
A protective order issued by a court of another state or an Indian tribe
shall be accorded full faith and credit by a court of this State and shall
be enforced only to the extent that the order affords relief that is permitted
under § 4-506 (d) of this subtitle.
(b) Authenticated order required.-
A law enforcement officer shall arrest with or without a warrant and
take into custody a person whom the officer has probable cause to believe
is in violation of a protective order that was issued by a court of another
state or an Indian tribe and is in effect at the time of the violation if
the person seeking the assistance of the law enforcement officer:
(1) has filed with the District Court or circuit court for the jurisdiction
in which the person seeks assistance a copy of the order that is authenticated
in accordance with an act of Congress or statute of the issuing state; or
(2) displays or presents to the law enforcement officer a copy of the order
that is authenticated in accordance with an act of Congress or statute of
the issuing state.
[1996, ch. 615.]
§ 4-509.
Penalties.
(a) In general.- A person who fails to comply with the relief granted
in an ex parte order under § 4-505 (a) (2) (i), (ii), (iii), (iv), or
(v) of this subtitle or in a protective order under § 4-506 (d) (1),
(2), (3), (4), or (5) of this subtitle is guilty of a misdemeanor and on
conviction is subject, for each offense, to:
(1) for a first offense, a fine not exceeding $1,000 or imprisonment
not exceeding 90 days or both; and
(2) for a second or subsequent offense, a fine not exceeding $2,500 or
imprisonment not exceeding 1 year or both.
(b) Arrest.- An officer shall arrest with or without a warrant and take
into custody a person whom the officer has probable cause to believe is in
violation of an ex parte order or protective order in effect at the time
of the violation.
[1992, ch. 65; 1994, ch. 728; 1995, chs. 9, 10; 1998, ch. 685.]
§ 4-510. Nonpreclusion of remedies. By proceeding under this subtitle, a petitioner, including a petitioner who acts on behalf of a child or vulnerable adult, is not limited to or precluded from pursuing any other legal remedy. [1992, ch. 65.]
§ 4-511.
Removing firearm from scene.
(a) In general.- When responding to the scene of an alleged act of
domestic violence, as described in this subtitle, a law enforcement officer
may remove a firearm from the scene if:
(1) the law enforcement officer has probable cause to believe that an act
of domestic violence has occurred; and
(2) the law enforcement officer has observed the firearm on the scene during
the response.
(b) Duty of law enforcement officer.- If a firearm is removed from
the scene under subsection (a) of this section, the law enforcement officer
shall:
(1) provide to the owner of the firearm information on the process for retaking
possession of the firearm; and
(2) provide for the safe storage of the firearm during the pendency of any
proceeding related to the alleged act of domestic violence.
(c) When owner may resume possession.- At the conclusion of a proceeding
on the alleged act of domestic violence, the owner of the firearm may retake
possession of the firearm unless ordered to surrender the firearm under §
4-506 of this subtitle.
[1996, ch. 561, § 2; ch. 562, § 2.]
§ 4-512. [Reserved]. Reserved.
PART III. VICTIMS OF DOMESTIC VIOLENCE
§ 4-513. "Victim of domestic violence" defined.
In this Part III of this subtitle, "victim of domestic violence" means
an individual who has received deliberate, severe, and demonstrable physical
injury, or is in fear of imminent deliberate, severe, and demonstrable physical
injury from a current or former spouse, or a current or former cohabitant,
as defined in § 4-501 of this subtitle.
[An. Code 1957, art. 88A, § 102; 1984, ch. 296, § 2; 1994, ch.
728.]
§ 4-514.
Legislative policy. The General Assembly finds that:
(1) an increasing number of victims of domestic violence are forced to leave
their homes to ensure their life, safety, and welfare;
(2) victims of domestic violence and their children often are economically
dependent on the abuser and have no place to live outside the household;
and
(3) in the past, these victims of domestic violence have been ignored and,
therefore, there is a lack of counseling, service, and quality emergency
public or private housing to provide a place to live for these victims of
domestic violence and their children.
[An. Code 1957, art. 88A, § 101; 1984, ch. 296, § 2; 1994, ch.
728.]
§ 4-515.
Domestic violence program.
(a) Established; purposes.-
(1) The Secretary shall establish a program in the Department of Human Resources
to help victims of domestic violence and their children.
(2) The purpose of the program is to provide for victims of domestic violence
and their children, in each region of this State:
(i) temporary shelter or help in obtaining shelter;
(ii) counseling;
(iii) information;
(iv) referral; and
(v) rehabilitation.
(b) Authorized shelters.- As a part of the domestic violence program,
there shall be, in a major population center of this State, at least 1 program
serving the area.
(c) Conditions.- Any program established under this section shall
be subject to the following conditions:
(1) the program shall provide victims of domestic violence and their children
with a temporary home and necessary counseling;
(2) the Department of Human Resources shall:
(i) supervise the program;
(ii) set standards of care and admission policies;
(iii) monitor the operation of the program and annually evaluate the
effectiveness of the program; and
(iv) adopt rules and regulations that set fees for services at and govern
the operation of each program;
(3) the program shall accept from the police or any other referral source
in the community any victim of domestic violence and the child of any victim
of domestic violence; and
(4) housing may not be provided under this subtitle to an applicant for housing
who is not a resident of this State at the time the application for housing
is made.
(d) Expansion of program.-
(1) As funds become available, the Secretary may extend the domestic violence
program to other areas in this State.
(2) Expansion of the domestic violence program may include: (i) establishing
additional shelters; or
(ii) providing funds and technical assistance to a local organization or
agency that shows that it is able and willing to run a domestic violence
program.
[An. Code 1957, art. 88A, § 103; 1984, ch. 296, § 2; ch. 622, §
2; 1987, ch. 288; 1991, ch. 55, § 6; 1994, ch. 728.]
§ 4-516.
Administration of domestic violence program.
(a) Annual report.- Subject to § 2-1246 of the State Government
Article, the Secretary shall submit to the General Assembly a report on the
domestic violence program annually.
(b) Funds.- In addition to receiving funds from the annual budget,
the Secretary shall attempt to secure funding, including in-kind contributions,
for the establishment and operation of the domestic violence program from:
(1) the federal government; (2) local governments; and (3) private sources.
[An. Code 1957, art. 88A, §§ 103, 104; 1984, ch. 285, § 2;
ch. 296, § 2; 1994, ch. 728; 1997, ch. 635, § 9; ch. 636, §
9.]
