(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 a person
eligible for relief has been abused, the judge may enter a temporary
protective order to protect any person eligible for relief from abuse.
(2) The temporary protective 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;
(vi) order the respondent to remain away from a child care provider of a
person eligible for relief while a child of the person is in the care
of the child care provider; and
(vii) award temporary custody of a minor child of the person eligible for
relief and the respondent.
(b) (1) Except as provided in paragraph (2) of this subsection, a law
enforcement officer immediately shall serve the temporary protective
order on the alleged abuser under this section.
(2) A respondent who has been served with an interim protective order under
§ 4-504.1 of this subtitle shall be served with the temporary
protective order in open court or, if the respondent is not present at
the temporary protective order hearing, by first-class mail at the
respondent's last known address.
(3) There shall be no cost to the petitioner for service of the temporary
protective order.
(c) (1) The temporary protective order shall be effective for not more than 7
days after service of the order.
(2) The judge may extend the temporary protective 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.
(d) The judge may proceed with a final protective order hearing instead of
a temporary protective order hearing, if:
(1) (i) the respondent appears at the hearing;
(ii) the respondent has been served with an interim protective order; or
(iii) the court otherwise has personal jurisdiction over the respondent; and
(2) the petitioner and the respondent expressly consent to waive the
temporary protective order hearing.
(e) (1) Whenever a judge 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 to the local department a copy of
the petition and temporary protective order.
(2) Whenever a local department receives a petition and temporary
protective order from a court, the local department shall:
(i) investigate the alleged abuse as provided in:
1. Title 5, Subtitle 7 of this article; or
2. Title 14, Subtitle 3 of this article; and
(ii) by the date of the final protective order hearing, send to the court a
copy of the report of the investigation.
|
