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Inside District Court The Hearing


Address the Relief Requested Counsel should clearly indicate the relief requested. A


good roadmap to follow, to prevent an omission of any desired relief, is the final protective order worksheet. Tis worksheet is used by counsel when a consent order is submitted, by the judge during the hearing, and by the court clerk when completing the order. Counsel may wish to have a worksheet prepared to offer the court, even after a contested matter, and allow the court to make any necessary changes to the worksheet.


Temporary Protective Order The Level of Proof Required If, after an ex-parte hearing on the petition, the Judge


finds reasonable grounds to believe Respondent has abused the person eligible for relief, the court may issue a temporary protective order to protect the person eligible for relief from future abuse.


How the Proceeding is Conducted Te temporary protective order proceeding will commence


with the Judge’s receipt of Petitioner’s application for relief from abuse.


Te court’s objective is to listen for allegations of abuse, as


defined in Fam. Law Art., § 4-501(b), or allegations of threats of abuse, by Respondent against Petitioner. Petitioner will have an opportunity to speak and present evidence of abuse or threats of abuse by Respondent against the person eligible for relief. Petitioners may also call witnesses to prove their case. And, as in any civil proceeding, the court may prohibit testimony on irrelevant matters If the court finds Petitioner satisfied the requisite level


of proof, a Temporary Protective Order will be issued and the court will schedule a Final Order hearing.


Service and Notification of Temporary Protective Orders – Before the Next Hearing


Petitioner and Petitioner’s counsel may greatly enhance


the odds of service by providing full and complete addresses (including apartment numbers), as well as any alternative addresses for Respondent. If there is an issue regarding evasion of service, the court will conduct a hearing on that issue. When such a hearing is conducted, counsel for Petitioner should be prepared to put forth evidence, including witnesses if necessary, to show that Respondent is evading service.


Extension for Time of Service for Protective Orders


Effective October 1, 2009, the time for service of protective


orders, prior to a final hearing, was extended from thirty days to six months, pursuant to Fam. Law Art., § 4-505. At the end of the six month period, if the matter had not


been heard, it must be dismissed. However, after a dismissal due to lack of service, Petitioner is free to re-file another petition on the same facts.8


Waiver of Appearance Previously, a temporary order could only be extended with


Petitioner or Petitioner’s Counsel appearing weekly to request an extension in order to facilitate service. Tis process, however, created a hardship if petitioners were required to appear weekly for a period of up to six months. Te Maryland Court system, in consultation with advocate groups, developed Te Waiver of Appearance Form. Te form, upon approval by the court, excuses the petitioner from appearing until the respondent has been served.9


Notwithstanding, the Petitioner must verify that service


occurred, at which time Petitioner must appear at the next court hearing. Petitioner’s failure to appear after service has occurred will most likely result in dismissal of Petitioner’s temporary order.


8 Md. Code, Family Law, § 4-505(c). 9 Petitioners must register with VINE (Victim Information Notification Everyday services).


Continued on page 22 20 Trial Reporter / Summer 2012


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