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Filing for an Interim Order A person may file a petition seeking relief with the court
commissioner when neither the office of Circuit Court Clerk nor the Office of the District Court Clerk is open for business. Te petition must be made under oath and include any information known regarding:
•
the nature and extent of the abuse for which relief is
sought, including • • information known to the
petitioner concerning previous injury resulting from abuse by the respondent;
each previous action between the parties (petitioner and this respondent) in any court;
each pending action between the parties in any court;
• the whereabouts of the respondent, if known; •
if financial relief is requested, information known to the petitioner regarding the financial resources of the respondent; and
award temporary use and possession of the home to an adult living in the home in the case alleging abuse of a vulnerable adult, subject to the limits as to a non- spouse specified in § 4-505(a)(2)(iv);
• the respondent surrender any firearm to law enforcement while the order is pending;
•
order the respondent to remain away from the place of employment, school, or temporary residence of a person eligible for relief; or
• Order the respondent to remain away from the residence of any family member of a person eligible for relief.3
A final order may direct any relief an interim or temporary
order allows, plus: •
• •
•
establish temporary visitation with a minor child of the respondent and a person eligible for relief; award emergency family maintenance;
award temporary use and possession of a vehicle jointly owned by the respondent and a person eligible for relief;
direct Respondent or any or all of the persons eligible for relief to participate in professionally supervised counseling or a domestic violence program;
3 Md. Code, Family Law, § 4-504.1(c); Md. Code, Family Law, § 4-505(a)(2). 18 Trial Reporter / Summer 2012
• In the case of alleged child abuse or alleged abuse of a vulnerable adult, the whereabouts of the child or the vulnerable adult and any other information regarding abuse to the child or the vulnerable adult.5
Filing for a Temporary Order
A person may file their petition with the court when the office of the Circuit Court Clerk or the Office of the District Court Clerk is open for business, providing the same information needed for an interim order.
Petitioner Must Ensure That Eligibility Requirements are Met
Te clerk’s office will assist Petitioner or Petitioner’s
Counsel by providing the correct form (peace or protective order) to complete. Baltimore City District Court clerks utilize a checklist to assist them in determining which order the petitioner intends to request. While the clerk's office is extremely experienced regarding these matters, court clerks are not attorneys and merely rely on the information provided by Petitioner in determining the correct forms to complete. Attorneys, too, must take the appropriate steps to ensure the proper order (peace or protective) is filed by adhering to
4 Md. Code, Family Law, § 4-506(d). 5 Md. Code, Family Law, § 4-504(b)(1)(ii).
order Respondent pay filing fees and costs of a proceeding; or
• Award temporary possession of any pet of the person eligible for relief.4
Te surrendering of any firearm possessed by Respondent is a mandatory part of any final order.
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