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Legal Information: Maryland

Restraining Orders

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Updated: 
November 27, 2023

What factors will a judge look at when deciding whether or not the abuser should be removed from the home?

When deciding whether or not to order that the abuser be removed from the home under a temporary or final protective order, the judge will consider the following factors:

  • the housing needs of any minor child living in the home;
  • how long your relationship with the abuser has lasted;
  • whose name is on the title to the home;
  • the type of any criminal charges against the abuser and the status of the criminal case against him/her;
  • the history and severity of abuse in the relationship between you and the abuser;
  • whether or not you and/or the abuser have anywhere else to stay; and
  • the financial resources of both you and the abuser.1

1 MD Code, Fam. Law § 4-506(h)

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