Last date edited 08/26/08

Domestic Violence Home Reading Room Search PLL Home

Types of Protection ("Relief") in the Different Stages of a Domestic Violence Case

Topic The Commissioner (IPO) or Judge (TPO or FPO) can order the respondent to:
Interim Order (IPO) FL 4-504
Temporary Order (TPO) FL 4-505
Final Order (FPO)
FL 4-506
Abuse and threats Refrain from further abuse or threats of abuse.
X
X X
Not contact, attempt to contact or harass the .
X
X X
Stay away Not enter the residence of PEFR. X
X
X
If PEFR  & Respondent are living together at the time of abuse,
  • can order the Respondent  to vacate the home, and
  • can order that the PEFR  have temporary use and possession of the home.

However a PEFR  who is not married to the respondent,

  • must have her/his name on the lease or deed to the house, or
  • have shared the house with the respondent for at least 90 days during the last year (before filing the petition).
X X X
Stay away from the PEFR’s  place of employment, school, or temporary residence. X X X
Stay away from the residence of any family member of PEFR. X X X
Child(ren) If there is an allegation of child abuse,
  • can order custody of the minor child.
X - -
If PEFR  & Respondent are living together at the time of abuse,
  • can order custody of the parties' minor child living in the house.
  • Permanent Protective Order After Conviction and Imprisonment - permanent order issued against an individual that was convicted and served a term of at least five years of imprisonment. See HB 182. (effective 10/1/08)
  • Enforcement of Protective Order- There is new legislation that authorizes a judge to order a law enforcement officer to use all reasonable and necessary force to enforce a temporary custody provision of a final protective order.  See HB 183. (effective 10/1/08)
X X X
If there is an allegation of child abuse,
  • can order temporary use and possession of the home by an adult living in the house.

However a PEFR who is not married to the respondent,

  • must have her/his name on the lease or deed to the house, or
  • have shared the house with the respondent for at least 90 days during the last year (before filing the petition).
- X X
Stay away from the PEFR’s child care provider while the PEFR’s child is there. - X X
Can order temporary custody of the minor child of the PEFR and respondent. X X X
Can order temporary visitation and - - X
Vulnerable adult If there is an allegation of abuse of a vulnerable adult,
  • can order temporary use and possession of the home by an adult living in the house. However a PEFR who is not married to the respondent,
  • must have her/his name on the lease or deed to the house, or
  • have shared the house with the respondent for at least 90 days during the last year (before filing the petition).
X X X
Other types of Protection If necessary for the employment of the PEFR or the care of a minor child,
  • can award temporary possession to the PEFR of any vehicle jointly owned by the PEFR and the respondent.
- - X
Respondent can be ordered to surrender any guns owned by the respondent to law enforcement (for the duration of the protective order). - - X
Respondent can be ordered to attend in domestic violence counseling. - - X
PEFR can be ordered to attend in domestic violence counseling - - X
Respondent to pay emergency financial maintenance to any PEFR whom the respondent is obligated to support. - - X
Court can order the family maintenance payment withheld from the Respondent’s earnings. - - X

Source: Maryland Legal Assistance Network (MLAN), updated by the Maryland State Law Library (MSLL).

Last date of Review 8/26/08 (PLL/M.A.J.)

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