Md. Code, Family Law § 4-101
In this title, “Secretary” means the Secretary of Human Services.
Md. Code, Family Law, Title 4
Md. Code, Family Law, Title 4
in effectMd. Code, Family Law § 4-201
(a) A spouse may have a domicile that is different from the domicile of the other spouse.
(b) The domicile of each spouse shall be determined by the same factors used to determine the domicile of any individual who is capable of having an independent domicile.
Md. Code, Family Law § 4-202
A surviving spouse who brings a personal action to recover in right of the deceased spouse shall allege:
(1) specifically how the debt or right accrued to the deceased spouse; and
(2) stating further that, by marriage, the debt or right devolved on the surviving spouse.
Md. Code, Family Law § 4-203
(a) A married woman, as if she were unmarried:
(1) holds her property for her separate use; and
(2) may dispose of her property independently.
(b) (1) A married woman may appoint by deed or may petition an equity court to appoint a trustee to hold, use, or dispose of the property on behalf of the married woman.
(2) The court shall state in the appointment the powers of the trustee.
Md. Code, Family Law § 4-204
A married woman may do any of the following, as if she were unmarried:
(1) engage in a business;
(2) make a contract with any person, including her husband, whether or not she is engaged in business;
(3) bind herself and her assigns by a covenant running with or related to real property or chattels real deeded to her on or after March 19, 1867;
(4) form a partnership with any person, including her husband;
(5) sue on any contract, including a contract made with her husband;
(6) sue for the recovery, security, or protection of her property;
(7) sue for any tort committed against her; and
(8) appoint counsel to represent her in an action brought under § 4–205(b) or (c) of this subtitle or § 4–301(b) of this title.
Md. Code, Family Law § 4-205
(a) A husband may sue his wife on a contract made with her, as if she were unmarried.
(b) (1) A third person may take any of the following actions with or against a married woman, as if the married woman were unmarried:
(i) make a contract;
(ii) sue on the contract, whether the contract was made before or during the woman’s marriage;
(iii) sue for a tort, whether the woman committed the tort before or during her marriage; and
(iv) execute on a judgment.
(2) A third person may maintain an action at law or in equity against a married woman in her married name.
(c) If the rent is in arrears under a lease entered into with a married woman for a definite term or a term of years renewable forever, then, as if the woman were unmarried, the landlord may levy on goods under distress.
(d) (1) A depositary that returns to a married woman money she deposited before or during her marriage is validly discharged from any obligation concerning the money by a receipt from the woman.
(2) If the deposit was made in fraud of the husband’s creditors, a creditor of the husband may attach or, by injunction, restrain the payment of the money.
Md. Code, Family Law § 4-206
(a) Whenever any interest or estate of any kind in any property, real, personal, or mixed, within this State, has been or is sold, conveyed, assigned, mortgaged, leased, transferred, or delivered by a husband, directly or indirectly, to his wife, and has been or subsequently is sold, conveyed, assigned, mortgaged, leased, transferred, or delivered by the wife and husband during their marriage, or by the wife after the marriage ends, or has been or subsequently is devised or bequeathed by the wife during the marriage or after the marriage ends, the fact of the previous sale, conveyance, assignment, mortgage, lease, or delivery by the husband, directly or indirectly to his wife, shall not be considered or taken at law or in equity to have given, preserved, or reserved, nor to give, preserve, or reserve to any present creditor of the husband, because of any debt, obligation, claim, or demand whatsoever, any other or greater right, lien, or cause of action against the interest or estate, or against any third person or the person’s heirs, executors, administrators, or assigns, than the creditors would have had in case the interest or estate had been sold, conveyed, assigned, mortgaged, leased, transferred, delivered, devised, or bequeathed by the husband directly or indirectly to the third person.
(b) The fact of the previous sale, conveyance, assignment, mortgage, lease, or delivery by the husband, directly or indirectly, to his wife, or the recital of it, in any instrument of writing, shall not be considered or taken at law or in equity to give or impart, nor to have given or imparted, notice to any third person or the person’s heirs, executors, administrators, or assigns, of the existence or of the possibility or probability of the existence of any present creditor of the husband.
Md. Code, Family Law § 4-301
(a) (1) An individual is not liable for:
(i) any debt contracted by the individual’s spouse before the marriage; or
(ii) any claim or demand against the spouse that arose before the marriage.
(2) The debtor spouse and that spouse’s property are liable for the debt as if the marriage had not occurred.
(b) A husband is not liable:
(1) for a tort that is committed:
(i) separately by his wife; and
(ii) without his participation or sanction; or
(2) on a contract made by his wife in her own name and on her own responsibility.
(c) A judgment or decree in a proceeding under § 4-205(b) of this title shall:
(1) be passed against the wife only; and
(2) operate only on the property she owned individually before or after the marriage.
(d) (1) Except as provided in paragraph (2) of this subsection, the property that a woman owns at the time of her marriage, or acquires after her marriage, is not liable for the payment of her husband’s debts.
(2) (i) A transfer of property between spouses is invalid if made in prejudice of the rights of present creditors.
(ii) A claim under this paragraph shall be asserted within 3 years after the transfer or be barred absolutely.
(iii) For purposes of this paragraph, all claims are considered due and matured.
Md. Code, Family Law § 4-401
The General Assembly declares:
(1) that it is the policy of this State to promote family stability, to preserve family unity, and to help families achieve and maintain self-reliance by:
(i) responding to financial and family crisis through direct provision of family counseling and supportive services; and
(ii) referral to appropriate community resources; and
(2) this State has the responsibility to provide services that prevent the kind of family dissolution and breakdown that requires protective services or out-of-home placement.
Md. Code, Family Law § 4-402
(a) (1) To implement the policies set forth in this subtitle, the Secretary shall establish in each local department a program of services to families with children.
(2) The program shall be available to:
(i) those families who are receiving temporary cash assistance or Supplemental Security Income; and
(ii) those families whose gross income is 80% or less of this State’s median income adjusted for family size in accordance with regulations adopted by the Social Services Administration.
(b) For purposes of this subtitle, services to families with children are:
(1) functional services to help a family resolve a situational crisis brought on by catastrophe, deprivation of income, lack of shelter, physical illness, mental illness, death, desertion, or abandonment;
(2) family counseling:
(i) to resolve marital conflict, familial conflict, and parent-child relationship problems; and
(ii) to teach child care and development and parenting skills;
(3) information and referral services to teach families how to locate and use community services, including health care services; and
(4) home management services to teach the management of household duties and responsibilities, including budgeting skills.
Md. Code, Family Law § 4-403
(a) The Department of Human Services shall continue to develop and maintain a program to carry out the purposes of this subtitle in each local department.
(b) In implementing the program, the Department of Human Services shall:
(1) adopt, by regulation, guidelines for implementing the program in each local department;
(2) continuously monitor and evaluate the effectiveness of the program; and
(3) to the extent possible, coordinate for families with children the delivery of child care, health, educational, mental health, employment, housing, and crisis services provided by public and private agencies.
Md. Code, Family Law § 4-501
(a) In this subtitle the following words have the meanings indicated.
(b) (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 under § 3–303, § 3–304, § 3–307, or § 3–308 of the Criminal Law Article or attempted rape or sexual offense in any degree;
(v) false imprisonment;
(vi) stalking under § 3–802 of the Criminal Law Article; or
(vii) revenge porn under § 3–809 of the Criminal Law Article.
(2) (i) 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.
(ii) 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) “Child care provider” means a person that provides supervision and care for a minor child.
(d) “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.
(e) “Commissioner” means a District Court Commissioner appointed in accordance with Article IV, § 41G of the Maryland Constitution.
(f) “Court” means the District Court or a circuit court in this State.
(g) “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.
(h) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.
(i) “Final protective order” means a protective order issued under § 4–506 of this subtitle.
(j) “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.
(k) “Interim protective order” means an order that a Commissioner issues under this subtitle pending a hearing by a judge on a petition.
(l) “Local department” means the local department 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.
(m) “Military protection order” means a protection order issued in accordance with 10 U.S.C. § 1567 by a commanding officer against a person under such officer’s command in:
(1) any branch of the uniformed services of the United States;
(2) the Maryland National Guard; or
(3) the national guard of any other state.
(n) “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;
(6) an individual who has a child in common with the respondent;
(7) an individual who has had a sexual relationship with the respondent within 1 year before the filing of the petition; and
(8) an individual who alleges that the respondent committed, within 6 months before the filing of the petition, any of the following acts against the individual:
(i) rape or a sexual offense under § 3–303, § 3–304, § 3–307, or § 3–308 of the Criminal Law Article; or
(ii) attempted rape or sexual offense in any degree.
(o) (1) “Pet” means a domesticated animal.
(2) “Pet” does not include livestock.
(p) (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; and
4. an adult who resides in the home.
(q) “Residence” includes the yard, grounds, outbuildings, and common areas surrounding the residence.
(r) “Respondent” means the person alleged in the petition to have committed the abuse.
(s) “Temporary protective order” means a protective order issued under § 4–505 of this subtitle.
(t) “Victim” includes a person eligible for relief.
(u) “Vulnerable adult” has the meaning provided in § 14–101(q) of this article.
Md. Code, Family Law § 4-502
(a) (1) Any person who alleges to have been a victim of abuse and who believes there is a danger of serious and immediate personal harm may request the help of a local law enforcement unit.
(2) A local law enforcement officer who responds to the request for help shall:
(i) protect the person from harm when responding to the request; and
(ii) accompany the person to the family home so that the person may remove the following items, regardless of who paid for the items:
1. the personal clothing of the person and of any child in the care of the person; and
2. the personal effects, including medicine or medical devices, of the person and of any child in the care of the person that the person or child needs immediately.
(b) A law enforcement officer who responds to a request described in subsection (a) of this section has the immunity from liability described under § 5-610 of the Courts Article.
Md. Code, Family Law § 4-503
(a) A law enforcement officer who responds to a request for help under § 4–502 of this Part I of this subtitle shall give the victim a written notice that:
(1) includes the telephone number of a local domestic violence program that receives funding from the Governor’s Office of Crime Prevention and Policy; and
(2) states that:
(i) the victim may request that a District Court commissioner file a criminal charging document against the alleged abuser;
(ii) if the commissioner declines to charge the alleged abuser, the victim may request that the State’s Attorney file a criminal charging document against the alleged abuser;
(iii) the victim may file in the District Court or a circuit court or, when neither the office of the clerk of the circuit court nor the Office of the District Court Clerk is open, with a commissioner, a petition under this subtitle; and
(iv) the victim may obtain a copy of the incident report, as provided under § 4–503.1 of this Part I of this subtitle.
(b) A law enforcement officer may not be held liable in a civil action that arises from the officer’s failure to provide the notice required under subsection (a) of this section.
Md. Code, Family Law § 4-503.1
§4–503.1.
(a) If an incident report is filed when a law enforcement officer responds to a request for help under § 4–502 of this Part I of this subtitle, the law enforcement unit shall provide a copy of the report to the victim on request.
(b) The victim need not obtain a subpoena to receive a copy of the incident report.
Md. Code, Family Law § 4-504
(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.
(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.
(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.
(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.
Md. Code, Family Law § 4-504.1
§4–504.1.
(a) A petition under this subtitle may be filed with a commissioner when neither the office of the clerk of the circuit court nor the Office of the District Court Clerk is open for business.
(b) If a petition is filed with a commissioner and the commissioner finds that there are reasonable grounds to believe that the respondent has abused a person eligible for relief, the commissioner may issue an interim protective order to protect a person eligible for relief.
(c) An interim protective order may:
(1) order the respondent to refrain from further abuse or threats of abuse of a person eligible for relief;
(2) order the respondent to refrain from contacting, attempting to contact, or harassing a person eligible for relief;
(3) order the respondent to refrain from entering the residence of a person eligible for relief;
(4) if a person eligible for relief and the respondent are residing together at the time of the alleged abuse:
(i) order the respondent to vacate the home immediately;
(ii) award to a person eligible for relief custody of any child of the person eligible for relief and respondent then residing in the home; and
(iii) subject to the limits as to a nonspouse specified in § 4–505(a)(2)(iv) of this subtitle, award temporary use and possession of the home to the person eligible for relief;
(5) in a case alleging abuse of a child, award temporary custody of a minor child of the respondent and a person eligible for relief;
(6) in a case alleging abuse of a vulnerable adult, subject to the limits as to a nonspouse specified in § 4–505(a)(2)(iv) of this subtitle, award temporary use and possession of the home to an adult living in the home;
(7) order the respondent to remain away from the place of employment, school, or temporary residence of a person eligible for relief;
(8) order the respondent to remain away from the residence of any family member of a person eligible for relief; or
(9) award temporary possession of any pet of the person eligible for relief or the respondent.
(d) If the commissioner awards temporary custody of a minor child under subsection (c)(4)(ii) or (5) of this section, the commissioner may order a law enforcement officer to use all reasonable and necessary force to return the minor child to the custodial parent after service of the interim protective order.
(e) (1) (i) An interim protective order shall state the date, time, and location for the temporary protective order hearing and a tentative date, time, and location for a final protective order hearing.
(ii) Except as provided in subsection (h) of this section, or unless the judge continues the hearing for good cause, a temporary protective order hearing shall be held on the first or second day on which a District Court judge is sitting after issuance of the interim protective order.
(2) An interim protective order shall include in at least 10–point bold type:
(i) notice to the respondent that:
1. the respondent must give the court written notice of each change of address;
2. if the respondent fails to appear at the temporary protective order hearing or any later hearing, the respondent may be served with any orders or notices in the case by first–class mail at the respondent’s last known address;
3. the date, time, and location of the final protective order hearing is tentative only, and subject to change; and
4. if the respondent does not attend the temporary protective order hearing, the respondent may call the Office of the Clerk of the District Court at the number provided in the order to find out the actual date, time, and location of any final protective order hearing;
(ii) a statement of all possible forms and duration of relief that a temporary protective order or final protective order may contain;
(iii) notice to the petitioner and respondent that, at the hearing, a judge may issue a temporary protective order that grants any or all of the relief requested in the petition or may deny the petition, whether or not the respondent is in court;
(iv) a warning to the respondent that violation of an interim protective order is a crime and that a law enforcement officer shall arrest the respondent, with or without a warrant, and take the respondent into custody if the officer has probable cause to believe that the respondent has violated any provision of the interim protective order; and
(v) the phone number of the Office of the District Court Clerk.
(f) Whenever a commissioner issues an interim protective order, the commissioner shall:
(1) immediately forward a copy of the petition and interim protective order to the appropriate law enforcement agency for service on the respondent; and
(2) before the hearing scheduled in the interim protective order, transfer the case file and the return of service, if any, to the Office of the District Court Clerk.
(g) A law enforcement officer shall:
(1) immediately on receipt of a petition and interim protective order, serve them on the respondent named in the order;
(2) immediately after service, make a return of service to the commissioner’s office or, if the Office of the District Court Clerk is open for business, to the Clerk; and
(3) within two hours after service of the order on the respondent, electronically notify the Department of Public Safety and Correctional Services of the service.
(h) (1) Except as otherwise provided in this subsection, an interim protective order shall be effective until the earlier of:
(i) the temporary protective order hearing under § 4–505 of this subtitle; or
(ii) the end of the second business day the Office of the Clerk of the District Court is open following the issuance of an interim protective order.
(2) If the court is closed on the day on which the interim protective order is due to expire, the interim protective order shall be effective until the next day on which the court is open, at which time the court shall hold a temporary protective order hearing.
(i) A decision of a commissioner to grant or deny relief under this section is not binding on, and does not affect any power granted to or duty imposed on, a judge of a circuit court or the District Court under any law, including any power to grant or deny a petition for a temporary protective order or final protective order.
Md. Code, Family Law § 4-505
(a) (1) (i) 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.
(ii) In determining whether there are reasonable grounds to believe that a person eligible for relief has been abused, the judge may consider whether a military protection order has been issued against the respondent for the same or similar conduct against the same person eligible for relief.
(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;
(vii) award temporary custody of a minor child of the person eligible for relief and the respondent;
(viii) order the respondent to surrender to law enforcement authorities any firearm in the respondent’s possession, and to refrain from possession of any firearm, for the duration of the temporary protective order if the abuse consisted of:
1. the use of a firearm by the respondent against a person eligible for relief;
2. a threat by the respondent to use a firearm against a person eligible for relief;
3. serious bodily harm to a person eligible for relief caused by the respondent; or
4. a threat by the respondent to cause serious bodily harm to a person eligible for relief; and
(ix) award temporary possession of any pet of the person eligible for relief or the respondent.
(3) If the judge awards temporary custody of a minor child under paragraph (2)(vii) of this subsection, the judge may order a law enforcement officer to use all reasonable and necessary force to return the minor child to the custodial parent after service of the temporary protective order.
(b) (1) Except as provided in paragraph (2) of this subsection, a law enforcement officer shall:
(i) immediately serve the temporary protective order on the alleged abuser under this section; and
(ii) within two hours after service of the order on the respondent, electronically notify the Department of Public Safety and Correctional Services of the service using an electronic system approved and provided by the Department of Public Safety and Correctional Services.
(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) Except as otherwise provided in this subsection, 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 6 months, to effectuate service of the order where necessary to provide protection or for other good cause.
(3) If the court is closed on the day on which the temporary protective order is due to expire, the temporary protective order shall be effective until the second day on which the court is open, by which time the court shall hold a final protective order hearing.
(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.
Md. Code, Family Law § 4-505.1
§4–505.1.
(a) (1) In this section the following words have the meanings indicated.
(2) “Child advocacy center” means a center established under § 11–928 of the Criminal Procedure Article.
(3) “File electronically” means to send, communicate, receive, or store by electronic means.
(4) “Hospital” has the meaning stated in § 19–301 of the Health – General Article.
(5) “Vulnerable adult program” means:
(i) a program implemented under § 14–201 of this article; or
(ii) any program that receives federal or State funding to prevent abuse of or assist vulnerable adults.
(b) A petitioner may file electronically a petition for a temporary protective order with a court from:
(1) a domestic violence prevention or assistance program;
(2) a sexual assault prevention or assistance program;
(3) a human trafficking prevention or assistance program;
(4) a child advocacy center;
(5) a vulnerable adult program;
(6) a hospital where the petitioner is receiving medical treatment, while the petitioner is at the hospital; or
(7) another location approved by the court.
(c) The hospital shall refer the petitioner filing a petition on the grounds of:
(1) domestic violence:
(i) to a hospital–based domestic violence prevention or assistance program; or
(ii) if there is not a hospital–based domestic violence prevention or assistance program, to a community–based domestic violence prevention or assistance program; and
(2) sexual assault to a community–based sexual assault prevention or assistance program.
(d) A court that receives a petition filed electronically in accordance with this section shall hold a hearing on the petition through the use of video conferencing on:
(1) the same business day if the petition is filed during regular court hours and the court is open; or
(2) the next business day the court is open if the petition is not filed during regular court hours.
Md. Code, Family Law § 4-506
(a) A respondent under § 4–505 of this subtitle shall have an opportunity to be heard on the question of whether the judge should issue a final protective order.
(b) (1) (i) The temporary protective order shall state the date and time of the final protective order hearing.
(ii) Except as provided in § 4–505(c) of this subtitle, or unless continued for good cause, the final protective order hearing shall be held no later than 7 days after the temporary protective order is served on the respondent.
(2) The temporary protective order shall include notice to the respondent:
(i) in at least 10–point bold type, that if the respondent fails to appear at the final protective order hearing, the respondent may be served by first–class mail at the respondent’s last known address with the final protective order and all other notices concerning the final protective order;
(ii) specifying all the possible forms of relief under subsection (d) of this section that the final protective order may contain;
(iii) that the final protective order shall be effective for the period stated in the order, not to exceed 1 year or, under the circumstances described in subsection (j)(2) of this section, 2 years, unless the judge extends the term of the order under § 4–507(a)(2) of this subtitle or the court issues a permanent order under subsection (k) of this section; and
(iv) in at least 10–point bold type, that the respondent must notify the court in writing of any change of address.
(c) (1) If the respondent appears before the court at a protective order hearing or has been served with an interim or temporary protective order, or the court otherwise has personal jurisdiction over the respondent, the judge:
(i) may proceed with the final protective order hearing; and
(ii) if the judge finds by a preponderance of the evidence that the alleged abuse has occurred, or if the respondent consents to the entry of a protective order, the judge may grant a final protective order to protect any person eligible for relief from abuse.
(2) A final 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 judge may issue mutual protective orders if the judge finds by a preponderance of the evidence that mutual abuse has occurred.
(ii) The judge may issue mutual final protective orders only if the judge makes a detailed finding of fact that:
1. both parties acted primarily as aggressors; and
2. neither party acted primarily in self–defense.
(d) The final 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) 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;
(7) award temporary custody of a minor child of the respondent and a person eligible for relief;
(8) 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;
(9) 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;
(10) 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;
(11) except when a protective order is issued for a person eligible for relief described in § 4–501(m)(7) of this subtitle, direct the respondent or any or all of the persons eligible for relief to participate in professionally supervised counseling or a domestic violence program;
(12) order the respondent to pay filing fees and costs of a proceeding under this subtitle;
(13) award temporary possession of any pet of the person eligible for relief or the respondent; or
(14) order any other relief that the judge determines is necessary to protect a person eligible for relief from abuse.
(e) (1) Before granting, denying, or modifying a final protective order under this section, the court shall review all open and shielded court records involving the person eligible for relief and the respondent, including records of proceedings under:
(i) the Criminal Law Article;
(ii) Title 3, Subtitle 15 of the Courts Article; and
(iii) this article.
(2) The court’s failure to review records under this subsection does not affect the validity of an order issued under this section.
(f) The final protective order shall order the respondent to surrender to law enforcement authorities any firearm in the respondent’s possession, and to refrain from possession of any firearm, for the duration of the protective order.
(g) If the judge awards temporary custody of a minor child under subsection (d)(7) of this section, the judge may order a law enforcement officer to use all reasonable and necessary force to return the minor child to the custodial parent after service of the final protective order.
(h) 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 judge 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.
(i) (1) A copy of the final 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 judge determines is appropriate, in open court or, if the person is not present at the final protective order hearing, by first–class mail to the person’s last known address.
(2) A copy of the final 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 final protective order. Service is complete upon mailing.
(j) (1) Except as provided in paragraphs (2) and (3) of this subsection, all relief granted in a final protective order shall be effective for the period stated in the order, not to exceed 1 year.
(2) All relief granted in a final protective order shall be effective for the period stated in the order, not to exceed 2 years if:
(i) the court issues a final protective order under this section against a respondent on behalf of a person eligible for relief:
1. for an act of abuse committed within 1 year after the date that a prior final protective order issued against the same respondent on behalf of the same person eligible for relief expires; or
2. by consent of the respondent within 1 year after the date that a prior final protective order issued against the same respondent on behalf of the same person eligible for relief expires; and
(ii) the prior final protective order was issued for a period of at least 6 months.
(3) A subsequent circuit court order pertaining to any of the provisions included in the final protective order shall supersede those provisions in the final protective order.
(k) (1) Notwithstanding any other provision of this section, the court shall issue a permanent protective order under this subsection against an individual if:
(i) an interim, temporary, or final protective order has been issued under this subtitle against the individual;
(ii) 1. the individual was convicted and sentenced to serve a term of imprisonment of at least 5 years for the act of abuse that led to the issuance of the interim, temporary, or final protective order and the individual has served at least 12 months of the sentence;
2. A. during the term of the interim, temporary, or final protective order, the individual committed an act of abuse against the person eligible for relief; and
B. the individual was convicted and sentenced to serve a term of imprisonment of at least 5 years for the act and has served at least 12 months of the sentence; or
3. the individual consents to the issuance of the permanent protective order; and
(iii) the victim of the act of abuse described in item (ii)1 or 2 of this paragraph, who was the person eligible for relief in the interim, temporary, or final protective order, requests the issuance of a permanent protective order under this subsection.
(2) In a permanent protective order issued under this subsection, the court may grant only the relief that was granted in the original protective order under § 4–504.1(c)(1) or (2) or § 4–505(a)(2)(i) or (ii) of this subtitle or subsection (d)(1) or (2) of this section.
(3) Unless terminated at the request of the victim, a protective order issued under this subsection shall be permanent.
Md. Code, Family Law § 4-506.1
§4–506.1.
(a) If a respondent surrenders a firearm under § 4–505 or § 4–506 of this subtitle, a law enforcement officer shall:
(1) provide to the respondent information on the process for retaking possession of the firearm; and
(2) transport and store the firearm in a protective case, if one is available, and in a manner intended to prevent damage to the firearm during the time the protective order is in effect.
(b) (1) The respondent may retake possession of the firearm at the expiration of a temporary protective order unless:
(i) the respondent is ordered to surrender the firearm in a protective order issued under § 4–506 of this subtitle; or
(ii) the respondent is not otherwise legally entitled to own or possess the firearm.
(2) The respondent may retake possession of the firearm at the expiration of a final protective order unless:
(i) the protective order is extended under § 4–507(a)(2) of this subtitle; or
(ii) the respondent is not otherwise legally entitled to own or possess the firearm.
(c) Notwithstanding any other law, a respondent may transport a firearm if the respondent is carrying a protective order requiring the surrender of the firearm and:
(1) the firearm is unloaded;
(2) the respondent has notified the law enforcement unit, barracks, or station that the firearm is being transported in accordance with the protective order; and
(3) the respondent transports the firearm directly to the law enforcement unit, barracks, or station.
Md. Code, Family Law § 4-507
(a) (1) A protective order may be modified or rescinded 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, a judge may extend the term of the protective order for 6 months beyond the period specified in § 4–506(j) of this subtitle, after:
(i) giving notice to all affected persons eligible for relief and the respondent; and
(ii) a hearing.
(3) (i) Subject to subparagraph (ii) of this paragraph, a judge may extend the term of a protective order for a period not to exceed 2 years from the date the extension is granted if:
1. during the term of the protective order, the judge finds by a preponderance of the evidence that the respondent named in the protective order has committed a subsequent act of abuse against a person eligible for relief named in the protective order; or
2. the respondent named in the protective order consents to the extension of the protective order.
(ii) The judge may extend the term of the protective order under subparagraph (i) of this paragraph after:
1. giving notice to all affected persons eligible for relief and the respondent; and
2. a hearing.
(iii) In determining the period of extension of a protective order under subparagraph (i)1 of this paragraph, the judge shall consider the following factors:
1. the nature and severity of the subsequent act of abuse;
2. the history and severity of abuse in the relationship between the respondent and any person eligible for relief named in the protective order;
3. the pendency and type of criminal charges against the respondent; and
4. the nature and extent of the injury or risk of injury caused by the respondent.
(4) (i) If, during the term of a final protective order, a petitioner or person eligible for relief files a motion to extend the term of the order under paragraph (2) or (3) 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 not held before the original expiration date of the final protective order, the order shall be automatically extended and the terms of the order shall remain in full force and effect until the hearing on the motion.
(b) (1) If a District Court judge 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.
Md. Code, Family Law § 4-508
(a) An interim protective order, temporary protective order, and final protective order issued under this subtitle shall state that a violation of the order may result in:
(1) criminal prosecution; and
(2) imprisonment or fine or both.
(b) A temporary protective order and final protective order issued under this subtitle shall state that a violation of the order may result in a finding of contempt.
Md. Code, Family Law § 4-508.1
§4–508.1.
(a) (1) In this section, “order for protection” means a temporary or final order or injunction that:
(i) is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to another person;
(ii) is issued by a civil court in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection or by a criminal court; and
(iii) is obtained by filing an independent action or as a pendente lite order in another proceeding.
(2) “Order for protection” does not include a support or child custody order.
(b) An order for protection issued by a court of another state or a Native American tribe shall be accorded full faith and credit by a court of this State and shall be enforced:
(1) in the case of an ex parte order for protection, only to the extent that the order affords relief that is permitted under § 4–505 of this subtitle; and
(2) in the case of an order for protection, other than an ex parte order for protection, only to the extent that the order affords relief that is permitted under § 4–506(d) of this subtitle.
(c) A law enforcement officer shall arrest with or without a warrant and take into custody a person who the officer has probable cause to believe is in violation of an order for protection that was issued by a court of another state or a Native American 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; or
(2) displays or presents to the law enforcement officer a copy of the order that appears valid on its face.
(d) A law enforcement officer acting in accordance with this section shall be immune from civil liability if the law enforcement officer acts in good faith and in a reasonable manner.
(e) It is the intent of the General Assembly that an order for protection issued by a court of this State shall be accorded full faith and credit by a court of another state to the extent required by federal law.
Md. Code, Family Law § 4-509
(a) A person may not fail to comply with the relief granted in an interim protective order under § 4–504.1(c)(1), (2), (3), (4)(i), (7), or (8) of this subtitle, a temporary protective order under § 4–505(a)(2)(i), (ii), (iii), (iv), (v), or (viii) of this subtitle, or a final protective order under § 4–506(d)(1), (2), (3), (4), or (5), or (f) of this subtitle.
(b) A person who violates subsection (a) of this section 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.
(c) Notwithstanding any other law, a conviction under this section may not merge with a conviction for any other crime based on the act establishing the violation of this section.
(d) A sentence imposed under this section may be imposed separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.
(e) For the purpose of second or subsequent offender penalties provided under subsection (b)(2) of this section, a prior conviction under § 3–1508 of the Courts Article shall be considered a conviction under this section.
(f) (1) An officer shall arrest with or without a warrant and take into custody a person who the officer has probable cause to believe is in violation of an interim, temporary, or final protective order in effect at the time of the violation.
(2) If an officer has probable cause to believe that an individual described in paragraph (1) of this subsection is a service member in violation of a military protection order entered into the Federal Bureau of Investigation’s National Crime Information Center database, the officer shall notify the law enforcement agency that entered the military protection order into the database that the service member may have violated the military protection order.
Md. Code, Family Law § 4-510
(a) Except as provided in subsection (b) of this section, 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.
(b) A person eligible for relief, as defined in § 4-501 of this subtitle, is not eligible for peace order relief under Title 3, Subtitle 8A or Subtitle 15 of the Courts Article.
Md. Code, Family Law § 4-511
(a) 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) 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) 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.
Md. Code, Family Law § 4-512
(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Court record” means an official record of a court about a proceeding that the clerk of a court or other court personnel keeps.
(ii) “Court record” includes:
1. an index, a docket entry, a petition, a memorandum, a transcription of proceedings, an electronic recording, an order, and a judgment; and
2. any electronic information about a proceeding on the website maintained by the Maryland Judiciary.
(3) “Shield” means to remove information from public inspection in accordance with this section.
(4) “Shielding” means:
(i) with respect to a record kept in a courthouse, removing the record to a separate secure area to which persons who do not have a legitimate reason for access are denied access; and
(ii) with respect to electronic information about a proceeding on the website maintained by the Maryland Judiciary, completely removing all information concerning the proceeding from the public website, including the names of the parties, case numbers, and any reference to the proceeding or any reference to the removal of the proceeding from the public website.
(5) “Victim services provider” means a nonprofit or governmental organization that has been authorized by the Governor’s Office of Crime Prevention and Policy to have online access to records of shielded protective orders in order to assist victims of abuse.
(b) (1) Subject to subsection (c) of this section, if a petition filed under this subtitle was denied or dismissed at the interim, temporary, or final protective order stage of a proceeding under this subtitle, the petitioner or the respondent may file a written request to shield all court records relating to the proceeding in accordance with subsection (d) of this section.
(2) Subject to subsection (c) of this section, if the respondent consented to the entry of a protective order under this subtitle, the petitioner or the respondent may file a written request to shield all court records relating to the proceeding in accordance with subsection (e) of this section.
(c) A request for shielding under this section may not be filed within 3 years after the denial or dismissal of the petition or the consent to the entry of the protective order, unless the requesting party files with the request a general waiver and release of all the party’s tort claims related to the proceeding under this subtitle.
(d) (1) If a petition was denied or dismissed at the interim, temporary, or final protective order stage of a proceeding under this subtitle, on the filing of a written request for shielding under this section, the court shall schedule a hearing on the request.
(2) The court shall give notice of the hearing to the other party or the other party’s counsel of record.
(3) Except as provided in paragraphs (4) and (5) of this subsection, after the hearing, the court shall order the shielding of all court records relating to the proceeding if the court finds:
(i) that the petition was denied or dismissed at the interim, temporary, or final protective order stage of the proceeding;
(ii) that a final protective order or peace order has not been previously issued against the respondent in a proceeding between the petitioner and the respondent;
(iii) that the respondent has not been found guilty of a crime arising from abuse against the petitioner; and
(iv) that none of the following are pending at the time of the hearing:
1. an interim or temporary protective order or peace order issued against the respondent in a proceeding between the petitioner and the respondent; or
2. a criminal charge against the respondent arising from alleged abuse against the petitioner.
(4) (i) On its own motion or on the objection of the other party, the court may, for good cause, deny the shielding.
(ii) In determining whether there is good cause under subparagraph (i) of this paragraph, the court shall balance the privacy of the petitioner or the respondent and potential danger of adverse consequences to the petitioner or the respondent against the potential risk of future harm and danger to the petitioner and the community.
(5) Information about the proceeding may not be removed from the Domestic Violence Central Repository.
(e) (1) (i) If the respondent consented to the entry of a protective order under this subtitle, the petitioner or the respondent may file a written request for shielding at any time after the protective order expires.
(ii) On the filing of a request for shielding under this paragraph, the court shall schedule a hearing on the request.
(iii) The court shall give notice of the hearing to the other party or the other party’s counsel of record.
(iv) Except as provided in subparagraph (vi) of this paragraph and subject to subparagraph (v) of this paragraph, after the hearing, the court may order the shielding of all court records relating to the proceeding if the court finds:
1. for cases in which the respondent requests shielding, that the petitioner consents to the shielding;
2. that the respondent did not violate the protective order during its term;
3. that a final peace order or protective order has not been previously issued against the respondent in a proceeding between the petitioner and the respondent;
4. that the respondent has not been found guilty of a crime arising from abuse against the petitioner; and
5. that none of the following are pending at the time of the hearing:
A. an interim or temporary peace order or protective order issued against the respondent; or
B. a criminal charge against the respondent arising from alleged abuse against an individual.
(v) In determining whether court records should be shielded under this paragraph, the court shall balance the privacy of the petitioner or the respondent and potential danger of adverse consequences to the petitioner or the respondent against the potential risk of future harm and danger to the petitioner and the community.
(vi) Information about the proceeding may not be removed from the Domestic Violence Central Repository.
(2) (i) If the respondent consented to the entry of a protective order under this subtitle, but the petitioner did not consent to shielding at the hearing under paragraph (1) of this subsection, the respondent may refile a written request for shielding after 1 year from the date of the hearing under paragraph (1) of this subsection.
(ii) On the filing of a request for shielding under this paragraph, the court shall schedule a hearing on the request.
(iii) The court shall give notice of the hearing to the other party or the other party’s counsel of record.
(iv) Except as provided in subparagraph (vi) of this paragraph and subject to subparagraph (v) of this paragraph, after the hearing, the court may order the shielding of all court records relating to the proceeding if the court finds:
1. A. that the petitioner consents to the shielding; or
B. that the petitioner does not consent to the shielding, but that it is unlikely that the respondent will commit an act of abuse against the petitioner in the future;
2. that the respondent did not violate the protective order during its term;
3. that a final peace order or protective order has not been previously issued against the respondent in a proceeding between the petitioner and the respondent;
4. that the respondent has not been found guilty of a crime arising from abuse against the petitioner; and
5. that none of the following are pending at the time of the hearing:
A. an interim or temporary peace order or protective order issued against the respondent; or
B. a criminal charge against the respondent arising from alleged abuse against an individual.
(v) In determining whether court records should be shielded under this paragraph, the court shall balance the privacy of the petitioner or the respondent and potential danger of adverse consequences to the petitioner or the respondent against the potential risk of future harm and danger to the petitioner and the community.
(vi) Information about the proceeding may not be removed from the Domestic Violence Central Repository.
(f) (1) This section does not preclude the following persons from accessing a shielded record for a legitimate reason:
(i) a law enforcement officer;
(ii) an attorney who represents or has represented the petitioner or the respondent in a proceeding;
(iii) a State’s Attorney;
(iv) an employee of a local department; or
(v) a victim services provider.
(2) (i) A person not listed in paragraph (1) of this subsection may subpoena, or file a motion for access to, a record shielded under this section.
(ii) If the court finds that the person has a legitimate reason for access, the court may grant the person access to the shielded record under the terms and conditions that the court determines.
(iii) In ruling on a motion under this paragraph, the court shall balance the person’s need for access to the record with the petitioner’s or the respondent’s right to privacy and the potential harm of unwarranted adverse consequences to the petitioner or the respondent that the disclosure may create.
(g) Within 60 days after entry of an order for shielding under this section, each custodian of court records that are subject to the order of shielding shall advise in writing the court and the respondent of compliance with the order.
(h) The Governor’s Office of Crime Prevention and Policy, in consultation with the Maryland Judiciary, may adopt regulations governing online access to shielded records by a victim services provider.
Md. Code, Family Law § 4-512.1
§4–512.1.
(a) In this section, “Central Repository” means the Domestic Violence Central Repository.
(b) The Administrative Office of the Courts shall maintain a Domestic Violence Central Repository.
(c) (1) The Central Repository shall store the following domestic violence orders issued in the State:
(i) interim protective orders;
(ii) temporary protective orders;
(iii) final protective orders;
(iv) peace orders issued under Title 3, Subtitle 15 of the Courts Article; and
(v) except as provided in paragraph (2) of this subsection, peace orders issued under Title 3, Subtitle 8A of the Courts Article.
(2) A peace order issued under Title 3, Subtitle 8A of the Courts Article shall be stored only during the term of the peace order.
(d) The purposes of the Central Repository are to:
(1) provide immediate access to domestic violence orders by judges, court personnel, and law enforcement agencies;
(2) improve the courts’ ability to respond effectively, promptly, and in a coordinated manner to domestic violence cases;
(3) eliminate conflicting or simultaneous domestic violence orders by improving communication between the District Court and the circuit courts;
(4) enhance the enforceability of domestic violence orders by law enforcement agencies; and
(5) facilitate service of domestic violence orders.
Md. Code, Family Law § 4-513
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.
Md. Code, Family Law § 4-514
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.
Md. Code, Family Law § 4-515
(a) (1) The Executive Director shall establish a program in the Governor’s Office of Crime Prevention and Policy 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) 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) 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 Governor’s Office of Crime Prevention and Policy 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;
(iv) adopt rules and regulations that set fees for services at and govern the operation of each program; and
(v) regularly consult, collaborate with, and consider the recommendations of the federally recognized State domestic violence coalition regarding domestic violence programs and policies, practices, and procedures that impact victims of domestic violence and their children;
(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;
(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; and
(5) the program shall be certified by the federally recognized State domestic violence coalition as a comprehensive domestic violence program.
Md. Code, Family Law § 4-516
(a) Subject to § 2–1257 of the State Government Article, the Executive Director shall submit to the General Assembly a report on the domestic violence program annually.
(b) (1) In this subsection, “Fund” means the Victims of Domestic Violence Program Grant Fund.
(2) There is a Victims of Domestic Violence Program Grant Fund.
(3) The purpose of the Fund is to provide grants to public or private nonprofit comprehensive domestic violence programs certified by the federally recognized State domestic violence coalition.
(4) The Governor’s Office of Crime Prevention and Policy shall:
(i) administer the Fund; and
(ii) establish procedures to award grants from the Fund.
(5) Grants may be used by programs certified by the federally recognized State domestic violence coalition for program operations, including establishing additional shelters.
(6) (i) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(ii) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(7) The Fund consists of:
(i) money appropriated in the State budget to the Fund;
(ii) any interest earnings of the Fund; and
(iii) any other money from any other source accepted for the benefit of the Fund.
(8) The Executive Director shall attempt to secure funding for the Fund, including in–kind contributions, from:
(i) the federal government;
(ii) local governments; and
(iii) private sources.
(9) The Fund may be used only to provide grants to public or private nonprofit comprehensive domestic violence programs certified by the federally recognized State domestic violence coalition.
(10) (i) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(ii) Any interest earnings of the Fund shall be credited to the Fund.
(11) The Governor may include in the annual budget bill an appropriation annually of $5,000,000 to the Fund.
Md. Code, Family Law § 4-601
In this subtitle, “displaced homemaker” means an individual who:
(1) is at least 35 years old;
(2) has worked for the individual’s family in the family home;
(3) is not gainfully employed;
(4) has had, or would have, difficulty in securing employment; and
(5) has depended on:
(i) the income of a family member and has lost that income as the result of separation, divorce, or the death or disability of that family member; or
(ii) government assistance as the parent of a dependent child and is no longer eligible for that assistance.
Md. Code, Family Law § 4-602
(a) The General Assembly finds that:
(1) homemakers have been an insufficiently recognized sector of the work force who make an invaluable contribution to the welfare of the residents of this State; and
(2) there is an ever-increasing number of individuals in this State who:
(i) have fulfilled a role as homemaker;
(ii) in their middle years, because of separation, divorce, or the death or disability of a family member depended on for support, are:
1. displaced homemakers; and
2. without income or with substantially reduced income;
(iii) very often are ineligible for public assistance, unemployment benefits, insurance benefits, and Social Security benefits;
(iv) have the highest unemployment rate of any sector of the work force;
(v) face discrimination in employment because of age and the absence of any recent employment experience;
(vi) often have lost rights as beneficiaries under employers’ pension and health plans and other insurance plans; and
(vii) often are unacceptable to private insurance plans because of their age.
(b) In enacting this subtitle, the General Assembly intends to provide to displaced homemakers the counseling, training, employment placement assistance, services, and health care that displaced homemakers need to continue as productive residents of this State.
Md. Code, Family Law § 4-605
(a) The Secretary shall establish a multipurpose service center for displaced homemakers.
(b) The center shall be in a location that is accessible to a major population area of this State as determined by the Secretary.
Md. Code, Family Law § 4-606
(a) To assist displaced homemakers in becoming gainfully employed, the center shall provide them with:
(1) counseling;
(2) training;
(3) skills;
(4) services; and
(5) education.
(b) To the extent the center has the resources available, the center may also provide these services to persons who are at least 30 years old and:
(1) who satisfy the criteria for displaced homemakers under § 4-601(2), (3), (4), and (5) of this subtitle; or
(2) who have depended on Aid to Families with Dependent Children or temporary cash assistance for at least 24 months.
Md. Code, Family Law § 4-607
The center shall provide:
(1) a job counseling program for displaced homemakers that is designed specifically for individuals who are reentering the job market after being absent from the job market for a number of years;
(2) job training programs for jobs that are available in the public and private sectors;
(3) an employment placement program; and
(4) service programs, including:
(i) health services counseling, using existing health services programs;
(ii) money management courses, including information and assistance in dealing with insurance, taxes, mortgages, loans, and probate; and
(iii) information and assistance in dealing with government benefit programs, including Supplemental Security Income, Social Security benefits, Veterans Administration benefits, public assistance, food stamps, and unemployment insurance.
Md. Code, Family Law § 4-608
(a) To the greatest extent possible and appropriate, the staff of the center shall consist of displaced homemakers. Staff positions filled by displaced homemakers shall include supervisory, technical, and administrative positions.
(b) If, with additional training or retraining, a displaced homemaker has the potential to be a member of the staff, the individuals who operate the programs of the center shall provide the displaced homemaker with on-the-job training.
Md. Code, Family Law § 4-609
The staff of the center shall:
(1) work with local government agencies and private employers to develop job training programs; and
(2) work with federal, State, and local government agencies in the area of the center to assist displaced homemakers in securing permanent employment.
Md. Code, Family Law § 4-610
(a) In establishing the center, the Secretary shall explore the availability of and, to the extent available and appropriate, shall use funds and contributions from federal, local, and private sources, including in-kind contributions of building space, equipment, and qualified personnel for training programs.
(b) The Secretary shall work with federal, State, and local government agencies in the area of the center to assist displaced homemakers in securing permanent employment.
Md. Code, Family Law § 4-611
The Secretary shall adopt rules and regulations that govern:
(1) the eligibility of displaced homemakers for the programs of the center;
(2) the level of stipends for displaced homemakers in job training programs under § 4-607(2) of this subtitle;
(3) a sliding fee scale, based on ability to pay, for service programs under § 4-607(4) of this subtitle; and
(4) any other matter that the Secretary finds necessary to carry out the provisions of this subtitle.
Md. Code, Family Law § 4-612
(a) The Secretary may:
(1) evaluate periodically the effectiveness of the job training, employment placement, and service programs of the center; and
(2) include in the Secretary’s annual report to the General Assembly a report on the center and its programs.
(b) The evaluation and report shall include:
(1) the number of displaced homemakers who participate in job training programs;
(2) the number of displaced homemakers who are placed in employment;
(3) follow–up information on displaced homemakers who participate in job training programs or who are placed in employment;
(4) the number of displaced homemakers who are served by the service programs; and
(5) the cost effectiveness of the programs.
Md. Code, Family Law § 4-613
(a) The Secretary may make grants to nonprofit agencies or organizations to establish and operate any program of the center.
(b) The Secretary may establish a multipurpose service center in or extend any program of the center to another area of this State.
(c) The Secretary may delegate any of the authority granted to the Secretary under this subtitle to any agency in the Department of Human Services that the Secretary considers appropriate.
Md. Code, Family Law § 4-701
(a) In this subtitle the following words have the meanings indicated.
(b) “Abuse” has the meaning stated in § 4-501(b)(1) of this title.
(c) “Domestic violence” means abuse occurring between:
(1) current or former spouses or cohabitants;
(2) persons who have a child in common; or
(3) persons currently or formerly involved in a dating relationship.
(d) “Domestic violence program” is a program established in accordance with § 4-515 of this title.
(e) “Local team” means the multidisciplinary and multiagency domestic violence fatality review team established for a county in accordance with this subtitle.
(f) “Serious physical injury” has the meaning stated in § 3-201 of the Criminal Law Article.
Md. Code, Family Law § 4-702
(a) A county is authorized to establish a domestic violence fatality review team.
(b) In a county, the State’s Attorney, the head of the primary law enforcement agency, or the director of the domestic violence program may organize a local team.
Md. Code, Family Law § 4-703
(a) The members of a local team shall be drawn from the following persons, organizations, agencies, and areas of expertise, from within the county, as available:
(1) domestic violence service providers;
(2) law enforcement agencies;
(3) the State’s Attorney’s office;
(4) the local health department;
(5) the local department of social services;
(6) the domestic violence coordinating council;
(7) batterer intervention services providers;
(8) the Division of Parole and Probation;
(9) hospitals;
(10) judges of the District Court and circuit courts;
(11) clerks of the District Court and circuit courts;
(12) the Chief Medical Examiner’s office;
(13) survivors of domestic violence; and
(14) any other person necessary to the work of the local team, recommended by the local team.
(b) The members described under subsection (a)(1) through (12) of this section may designate representatives from their departments or offices to represent them on the local team.
(c) Each local team shall elect a chair by majority vote from among its members.
Md. Code, Family Law § 4-704
(a) The purpose of a local team is to prevent deaths related to domestic violence by:
(1) promoting cooperation and coordination among agencies involved in:
(i) investigating deaths related to domestic violence; or
(ii) providing services to victims of domestic violence, abusers, or surviving family members;
(2) developing an understanding of the causes and incidence of deaths related to domestic violence in the county; and
(3) developing plans for and recommending changes within the agencies the members represent.
(b) To achieve its purpose, a local team shall:
(1) establish and implement a protocol for the local team;
(2) as provided in subsection (c) of this section, review fatalities and cases of serious physical injury related to domestic violence that have occurred in the county;
(3) meet on a regular basis as determined by the local team, at least annually, to:
(i) review the status of domestic violence fatality cases in the county;
(ii) recommend actions to improve coordination of services and investigations among member agencies; and
(iii) recommend actions within the member agencies to prevent deaths related to domestic violence; and
(4) provide reports that include recommendations:
(i) to improve coordination of services and investigations;
(ii) to implement changes recommended by the local team within member agencies; and
(iii) on needed changes to State and local law, policy, and practice to prevent deaths related to domestic violence.
(c) (1) In accordance with paragraph (2) of this subsection, a local team shall determine the number and types of cases the team will review.
(2) A local team may review criminal cases only at the conclusion of the case in trial court or after the investigation of a suicide has been closed.
Md. Code, Family Law § 4-705
On request of the chair of a local team and as necessary to carry out the local team’s purpose and duties under this subtitle, the local team shall be immediately provided:
(1) with access to information and records by a provider of medical care, including dental and mental health care, regarding a person whose death or serious physical injury is being reviewed by the local team; and
(2) access to all information and records maintained by any State or local government agency, including birth certificates, law enforcement investigative information, medical examiner investigative information, parole and probation information and records, and information and records of a social services agency that provided services to the person or the person’s family.
Md. Code, Family Law § 4-706
(a) Meetings of a local team shall be closed to the public and not subject to Title 3 of the General Provisions Article when the local team is discussing individual cases.
(b) Except as provided in subsection (c) of this section, meetings of a local team shall be open to the public and subject to Title 3 of the General Provisions Article when the local team is not discussing individual cases.
(c) (1) Information identifying a deceased person, a family member, or an alleged or suspected perpetrator of abuse may not be disclosed during a public meeting.
(2) Information regarding the involvement of any agency, organization, or person with a deceased person or the person’s family may not be disclosed during a public meeting.
(d) This section does not prohibit a local team from requesting the attendance at a team meeting of a person who has information relevant to the exercise of the team’s purpose and duties under this subtitle.
(e) A violation of this section is a misdemeanor and is punishable by a fine not exceeding $500 or imprisonment not exceeding 90 days or both.
Md. Code, Family Law § 4-707
(a) Except as provided in subsections (b) and (c) of this section, all information and records acquired by a local team in the exercise of its purpose and duties under this subtitle:
(1) are confidential;
(2) are exempt from disclosure under Title 4 of the General Provisions Article; and
(3) may only be disclosed as necessary to carry out the local team’s duties and purposes.
(b) Statistical compilations of data that do not contain any information that would permit the identification of any person to be ascertained are public records.
(c) Reports of a local team that do not contain any information that would permit the identification of any person to be ascertained are public information.
(d) Except as necessary to carry out a local team’s purpose and duties under this subtitle, members of a local team and persons attending a local team meeting may not disclose:
(1) what transpired at a meeting closed to the public under § 4-706 of this subtitle; or
(2) any information the disclosure of which is prohibited by this section.
(e) (1) Except as provided in paragraph (2) of this subsection, members of a local team, persons attending a local team meeting, and persons who present information to a local team may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting.
(2) A person may testify to information obtained independently of the local team or that is public information.
(f) (1) Except as provided in paragraph (2) of this subsection, information, documents, and records of a local team are not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding.
(2) Information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of a local team or are maintained by a local team.
(g) A violation of this section is a misdemeanor and is punishable by a fine not exceeding $500 or imprisonment not exceeding 90 days or both.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026