Inside District Court
Protective Order Cases
A View from the Bench
The Honorable Gregory Sampson & Latoya Francis-Williams
ills of society, without regard to culture, ethnicity and/or socio- economic status. In Maryland, domestic violence cases are heard at both the district and circuit court level. In Baltimore City, the majority of these cases are handled in the district court on the docket dedicated to domestic violence matters at Eastside Courthouse, North Avenue. Below is a brief discussion of some of the practical aspects of handling domestic violence cases with emphasis placed on protective orders.
E
Protective Orders and Peace Orders: What’s the Difference?
Protective orders are governed by MD. Code Ann., Fam.
Law Art., §§ 4-501, et seq. Peace orders are governed by MD. Code Ann., Cts. & Jud. Pro. Art., §§ 3-, et seq. Both orders are civil remedies designed to deter future adverse or harmful behaviors. Peace and protective orders differ in terms of the eligibility of individuals seeking relief, alleged actions by Respondent, and the type of relief that can be granted.
Persons Eligible for Relief Te easiest way to differentiate between the two types
of orders is recognizing that individuals not eligible for relief via a protective order may be eligible for relief via a peace order. Tose eligible for a protective order must be one of the following:
• Te current or former spouse of the respondent; • A cohabitant of the respondent, a person with whom the respondent has had a sexual relationship and has resided with the respondent in the home for a period of at least 90 days within a year of the filing of the petition;
• A person related to the respondent by blood, marriage or adoption;
ach day, a significant number of domestic violence cases are heard in the District Court of Maryland. Tese cases reflect the breath and width of the problems and
• 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;
• A vulnerable adult; or • An individual who has a child in common with the respondent.1
Actions by Respondent from Which a Protective Order May be Issued:
• An act that causes serious bodily harm; • An act that places a person eligible for relief in fear of imminent serious bodily harm; Assault in any degree;
•
• Rape or sexual offense or attempted rape or sexual offense in any degree;
• False imprisonment; or • Stalking.2
Relief Available Through a Protective Order An interim or temporary protective order may direct that: •
the respondent refrain from further abuse or threats of abuse;
• • •
the respondent refrain from contacting or attempting to contact or harassing a person eligible for relief;
the respondent refrain from entering the residence of the person eligible for relief;
the respondent vacate the home immediately if the parties are residing together at the alleged time of abuse;
• an award of temporary physical custody of any child shared between the person eligible for relief and respondent then residing in the home;
• •
temporary use and possession of the home to the person eligible for relief;
temporary custody of a minor child of the respondent and a person eligible for relief in a case alleging abuse of a child;
1 Md. Code, Family Law, § 4-501(l). 2 Md. Code, Family Law, § 4-501(b); Md. Code, Family Law, § 4-504(a).
Trial Reporter / Summer 2012 17
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