Note: The following is guidance set out by the court. The law has been changed as of January 1, 2002, however the language on this page has not been updated. The new statute replaces the term ex parte order with the term Temporary Protective Order.

Purpose
The purpose of this protocol is to provide guidelines for court staff regarding the transfer of domestic violence actions under the Family Law Article, §§ 4-501 through 4-516, pursuant to Maryland Rules 2-327 and 3-326. These Rules specifically address “the transfer of domestic violence actions from the District Court to a circuit court, or vice versa, to allow a consolidation of proceedings or other appropriate relief and reduce the potential for conflicting orders.” [Reporter’s Note, 149th Report of the Rules Committee (April 11, 2001)].

Scope
This protocol applies to all actions filed and, to the extent practicable, all actions pending on or after January 1, 2002, where an ex parte order is granted pursuant to Code, Family Law Article, §§ 4-501 through 4-516.

Rule Change
Ex partes filed in Circuit Court:

Rule 2-327 was modified to include a new section (3), which reads in part (emphasis supplied):

If Circuit Court Has Jurisdiction — Domestic Violence Actions

In an action under Code, Family Law Article, Title 4, Subtitle 5, after entering a temporary order granting ex parte relief, a circuit court, on motion or on its own initiative, may transfer the action to the District Court for the protective order hearing if, after inquiry, the court finds that (i) there is no other action between the parties pending in the circuit court, (ii) the respondent has sought relief under Code, Family Law Article, Title 4, Subtitle 5, in the District Court, and (iii) in the interests of justice, the action should be heard in the District Court.

A judge hearing an ex parte action may initiate a search for existing orders or related cases at the Court’s discretion or when so indicated on the ex parte petition. A judge may transfer the case to the District Court after an ex parte is ordered based upon the criteria in the Rule.

Consent of the parties is not required.

Ex partes filed in District Court:
Rule 3-326 was modified to include a new section (c), which reads in part (emphasis supplied):

Domestic Violence Action

In an action under Code, Family Law Article, Title 4, Subtitle 5, after entering a temporary order granting ex parte relief, the District Court, on motion or on its own initiative, may transfer the action to a circuit court for the protective order hearing if, after inquiry, the District Court finds that (A) there is an action in the circuit court involving one or more of the parties in which there is an existing order or request for relief similar to that being sought in the District Court and (B) in the interests of justice, the action should be heard in the circuit court.

A judge hearing an ex parte action may initiate a search for existing orders or related cases at the Court’s discretion or when so indicated on the ex parte petition. Related cases shall include any of the following case types in the Circuit Courts:

• Child custody and visitation;
• Alimony, spousal support and child support; and
• Actions involving domestic violence.

A judge may transfer the case to the Circuit Court after an ex parte is ordered based upon the criteria in the Rule.

Responsibilities

• Upon direction of the presiding judge, court staff will review District and Circuit Court databases to collect information regarding existing orders or requests for similar relief involving one or more of the parties.
• The Administrative Judge, in conjunction with court staff, will establish a procedure for recording and reporting all pending actions to the presiding judge for consideration.
• Service of process shall be conducted in the same manner for all ex parte orders regardless whether or not the case will be transferred. For example, on entry of an ex parte order by the judge presiding in the District Court, District Court staff immediately shall transmit the original Order to the appropriate law enforcement entity normally used by the Court for service of the Respondent. Circuit Court staff likewise are to follow existing procedures for service of process.
• When service of the Respondent has occurred, court staff, upon receipt from law enforcement, immediately are to forward proof of service to the court in which the protective order hearing will be held. Likewise, court staff are to immediately forward to the receiving court any evaluations and/or reports or information that are associated with the action, for consideration in the protective order hearing.
• On entry of an ex parte order by a judge, court staff must coordinate the protective order hearing date, time and place with the receiving court. The judge will include this information within the ex parte order. Court staff are to notify the appropriate court of any transfer of actions, including information regarding related cases within the receiving court. Further, procedures relating to the physical transfer of case materials needs to be established within each jurisdiction.
• The Administrative Office of the Courts shall provide technical assistance to local clerks’ offices as requested to facilitate the implementation of the protocol and in securing access to respective databases to meet these requirements.
  

Source: Maryland Rules of Civil Procedure                                                                      Last Legal Review: 9/1/03 (MLAN/RB/AC)