WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.
Important: Even if courts are closed, you can still file for a protection order and other emergency relief. See our FAQ on Courts and COVID-19.
Legal Information: Maryland
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)
© 2008–2020 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.