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MARYLAND DOMESTIC VIOLENCE STATUTE
4-501.
Definitions
In
general (a) In this subtitle the following words have the
meanings indicated. Abuse (b)(1) "Abuse" means any of the
following acts:
(i) an act that
causes serious bodily harm;
(ii) an act that
places a person eligible for relief in fear of imminent serious
bodily harm;
(iii) assault in
any degree;
(iv) rape or
sexual offense under §§ 3-303 through 3-308 of the Criminal Law
Article or attempted rape or sexual offense in any degree;
(v) false
imprisonment; or
(vi) stalking
under § 3-802 of the Criminal Law Article.
(2) If the person
for whom relief is sought is a child, "abuse" may also include
abuse of a child, as defined in Title 5, Subtitle 7 of this
article. Nothing in this subtitle shall be construed to prohibit
reasonable punishment, including reasonable corporal punishment,
in light of the age and condition of the child, from being
performed by a parent or stepparent of the child.
(3) If the person
for whom relief is sought is a vulnerable adult, "abuse" may
also include abuse of a vulnerable adult, as defined in Title
14, Subtitle 1 of this article.
Child care
provider (c) "Child care provider" means a person that provides
supervision and care for a minor child.
Cohabitant (d) "Cohabitant" means a person who has had a sexual
relationship with the respondent and resided with the respondent
in the home for a period of at least 90 days within 1 year
before the filing of the petition.
Commissioner (e)
"Commissioner" means a District Court Commissioner appointed in
accordance with Article IV, § 41G of the Maryland Constitution.
Court (f) "Court"
means the District Court or a circuit court in this State.
Emergency family maintenance (g) "Emergency family maintenance"
means a monetary award given to or for a person eligible for
relief to whom the respondent has a duty of support under this
article based on:
(1) the financial
needs of the person eligible for relief; and
(2) the resources
available to the person eligible for relief and the respondent.
Final protective
order (h) "Final protective order" means a protective order
issued under § 4-506 of this subtitle.
Home (i) "Home"
means the property in this State that:
(1) is the
principal residence of a person eligible for relief; and
(2) is owned,
rented, or leased by the person eligible for relief or
respondent or, in a petition alleging child abuse or abuse of a
vulnerable adult, an adult living in the home at the time of a
proceeding under this subtitle.
Interim
protective order (j) "Interim protective order" means an order
that a Commissioner issues under this subtitle pending a hearing
by a judge on a petition.
Local department (k) "Local department" means the local
department that has jurisdiction in the county:
(1) where the
home is located; or
(2) if different,
where the abuse is alleged to have taken place.
Person eligible
for relief (l) "Person eligible for relief" includes:
(1) the current
or former spouse of the respondent;
(2) a cohabitant
of the respondent;
(3) a person
related to the respondent by blood, marriage, or adoption;
(4) a parent,
stepparent, child, or stepchild of the respondent or the person
eligible for relief who resides or resided with the respondent
or person eligible for relief for at least 90 days within 1 year
before the filing of the petition;
(5) a vulnerable
adult; or
(6) an individual
who has a child in common with the respondent.
Petitioner
(m)(1) "Petitioner" means an individual who files a petition.
(2) "Petitioner"
includes: (i) a person eligible for relief; or (ii) the
following persons who may seek relief from abuse on behalf of a
minor or vulnerable adult:
1. the State's
Attorney for the county where the child or vulnerable adult
lives, or, if different, where the abuse is alleged to have
taken place;
2. the department
of social services that has jurisdiction in the county where the
child or vulnerable adult lives, or, if different, where the
abuse is alleged to have taken place;
3. a person
related to the child or vulnerable adult by blood, marriage, or
adoption; or
4. an adult who
resides in the home.
Residence (n)
"Residence" includes the yard, grounds, outbuildings, and common
areas surrounding the residence.
Respondent (o) "Respondent" means the person alleged in the
petition to have committed the abuse.
Temporary protective order (p) "Temporary protective order"
means a protective order issued under §4-505 of this subtitle.
Victim (q) "Victim" includes a person eligible for relief.
Vulnerable adult
(r) "Vulnerable adult" has the meaning provided in § 14-101(q)
of this article.
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