Selected State Statutes: Maryland

Statutes: Maryland

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§ 4-507. Modification or rescission of protective orders; appeal

Modification or rescission of protective orders

(a)(1) A protective order may be modified or rescinded during the term of the protective order after:

(i) giving notice to all affected persons eligible for relief and the respondent; and

(ii) a hearing.

(2) For good cause shown, a judge may extend the term of the protective order for 6 months beyond the period specified in § 4-506(j) of this subtitle, after:

(i) giving notice to all affected persons eligible for relief and the respondent; and

(ii) a hearing.

(3)(i) Subject to subparagraph (ii) of this paragraph, a judge may extend the term of a protective order for a period not to exceed 2 years from the date the extension is granted if:

1. during the term of the protective order, the judge finds by a preponderance of the evidence that the respondent named in the protective order has committed a subsequent act of abuse against a person eligible for relief named in the protective order; or

2. the respondent named in the protective order consents to the extension of the protective order.

(ii) The judge may extend the term of the protective order under subparagraph (i) of this paragraph after:

1. giving notice to all affected persons eligible for relief and the respondent; and

2. a hearing.

(iii) In determining the period of extension of a protective order under subparagraph (i)1 of this paragraph, the judge shall consider the following factors:

1. the nature and severity of the subsequent act of abuse;

2. the history and severity of abuse in the relationship between the respondent and any person eligible for relief named in the protective order;

3. the pendency and type of criminal charges against the respondent; and

4. the nature and extent of the injury or risk of injury caused by the respondent.

(4)(i) If, during the term of a final protective order, a petitioner or person eligible for relief files a motion to extend the term of the order under paragraph (2) or (3) of this subsection, the court shall hold a hearing on the motion within 30 days after the motion is filed.

(ii) If the hearing on the motion is scheduled after the original expiration date of the final protective order, the court shall extend the order and keep the terms of the order in full force and effect until the hearing on the motion.

Appeal

(b)(1) If a District Court judge grants or denies relief under a petition filed under this subtitle, a respondent, any person eligible for relief, or a petitioner may appeal to the circuit court for the county where the District Court is located.

(2) An appeal taken under this subsection to the circuit court shall be heard de novo in the circuit court.

(3) If an appeal is filed under this subsection, the District Court judgment shall remain in effect until superseded by a judgment of the circuit court. Unless the circuit court orders otherwise, modification or enforcement of the District Court order shall be by the District Court.