2013 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
§ 3-1505 - Respondent's opportunity to be heard; peace order hearing; forms of relief

§3-1505.

(a) A respondent shall have an opportunity to be heard on the question of whether the judge should issue a final peace order.

(b) (1) (i) The temporary peace order shall state the date and time of the final peace order hearing.

(ii) Except as provided in § 3-1504(c) of this subtitle, or unless continued for good cause, the final peace order hearing shall be held no later than 7 days after the temporary peace order is served on the respondent.

(2) The temporary peace 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 peace order hearing, the respondent may be served by first-class mail at the respondent’s last known address with the final peace order and all other notices concerning the final peace order;

(ii) Specifying all the possible forms of relief under subsection (d) of this section that the final peace order may contain;

(iii) That the final peace order shall be effective for the period stated in the order, not to exceed 6 months; 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 for the final peace order hearing, has been served with an interim peace order or a temporary peace order, or the court otherwise has personal jurisdiction over the respondent, the judge:

(i) May proceed with the final peace order hearing; and

(ii) If the judge finds by clear and convincing evidence that the respondent has committed, and is likely to commit in the future, an act specified in § 3-1503(a) of this subtitle against the petitioner, or if the respondent consents to the entry of a peace order, the court may issue a final peace order to protect the petitioner.

(2) A final peace order may be issued only to an individual who has filed a petition under § 3-1503 of this subtitle.

(3) In cases where both parties file a petition under § 3-1503 of this subtitle, the judge may issue mutual peace orders if the judge finds by clear and convincing evidence that each party has committed, and is likely to commit in the future, an act specified in § 3-1503(a) of this subtitle against the other party.

(d) (1) The final peace order may include any or all of the following relief:

(i) Order the respondent to refrain from committing or threatening to commit an act specified in § 3-1503(a) of this subtitle against the petitioner;

(ii) Order the respondent to refrain from contacting, attempting to contact, or harassing the petitioner;

(iii) Order the respondent to refrain from entering the residence of the petitioner;

(iv) Order the respondent to remain away from the place of employment, school, or temporary residence of the petitioner;

(v) Direct the respondent or petitioner to participate in professionally supervised counseling or, if the parties are amenable, mediation; and

(vi) Order either party to pay filing fees and costs of a proceeding under this subtitle.

(2) If the judge issues an order under this section, the order shall contain only the relief that is minimally necessary to protect the petitioner.

(e) (1) A copy of the final peace order shall be served on the petitioner, the respondent, 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 final peace order hearing, by first-class mail to the person’s last known address.

(2) (i) A copy of the final peace 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 peace order.

(ii) Service is complete upon mailing.

(f) All relief granted in a final peace order shall be effective for the period stated in the order, not to exceed 6 months.