Inside District Court
bring before the court other issues, such as perceived or actual infidelities, the way in which a party chooses to parent the children, and conflicts or arguments between the parties that are not grounds for any finding of abuse or a basis of relief. Terefore, it is the role of the attorneys for the parties to focus on and address the issues upon which the court may make a decision. It is counterproductive to address irrelevant issues.
Emergency Family Maintenance Te statute refers to emergency family maintenance (EFM).
Te parties and the court should treat any maintenance awarded as temporary. Te Circuit Court, through proper divorce and/or custody proceedings, is the more appropriate venue to define the level of support. It is not the function of the court in a protective order proceeding to make determinations as to final support issues, nor does the court expect that its determination will be used to support any decision in custody or support matters. In a protective order hearing, the parties should, however, be prepared to present evidence of earnings and the need for support during the relatively short period of time the order will remain in effect. Te court need not order the EFM remain in effect for the duration of the protective order.
Duration of the Final Order Counsel for the parties should be aware of the duration
periods for protective orders. Protective orders ordinarily can last for up to one year and can be extended for an additional six months upon a subsequent request and a hearing by the court. Te order can be extended for up to two years if there is a subsequent act of abuse by the respondent within a year of a previous order being granted and that duration of the previous order was for at least six months. A protective order with no expiration can be granted when the petitioner was granted a previous protective order and the respondent has received a period of incarceration of at least five years for certain offenses enumerated under the statute where the petitioner was the victim.
Shielding
The Significance of Shielding Shielding is a remedy for Respondents negatively affected
by the adverse consequences of the protective / peace order process by removing the information from public inspection. Te law “authorizes a respondent in a peace order or protective order proceeding to file a written request to shield all court records relating to the proceeding. Te Court is required to schedule a hearing on a specified request and to provide notice of the hearing. Notice must be given to the petitioner or petitioner’s counsel. Te respondent must wait at least three years before requesting
a shielding of records unless the respondent signs a waiver and release from all tort claims related to the original petition.
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Shielding may only be granted if a petition was dismissed or denied at some stage of the proceedings and if there has been no previous final order granted against the respondent on behalf of the petitioner. Also, there can be no pending peace or protective hearing involving the parties, or criminal matters where the respondent is charged with abusing the petitioner. Te court is required to review records before granting a
shielding request, including electronic records. If the shielding request is granted, the court is required to order the shielding of all court records relating to the proceeding under specified circumstances.11
any person with a legitimate reason may access a shielded record with a subpoena or a motion requesting access.12
Shielding is for Respondents Only Te language of the shielding statute and legislative history
make clear that respondents alone may request a shielding of court records.13
Fam. Law Art., § 4-512 (b) reads: "If a petition
filed under this section is denied or dismissed at the interim, temporary, or final protective order stage of the proceeding under this subtitle, the respondent may file a written request to shield all court records relating to the proceeding."
11 See 210 Md. ALS 361; See also, 2010 Bill Tracking MD S.B. 935. 12 Md. Code, Family Law, § 3-1510(e)(2). 13 Md. Code, Family Law, § 4-512 (d)(4)(ii).
Trial Reporter / Summer 2012 23
Notwithstanding these shielding protections,
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