Several New Laws Will Impact Domestic Violence Statutes
Several bills have recently been enacted by Maryland’s General Assembly that substantively amend several statutory provisions related to Protective Orders and Peace Orders in Maryland.
Courts and Judicial Proceedings, Section 3–1510 and Family Law, Section 4–512 as they relate to the shielding of records regarding peace orders and protective orders have been amended to limit the circumstances under which a court is required to order shielding of records related to a peace order or domestic violence protective order proceeding by specifying that the requirement applies if (1) a final peace order or protective order has not been previously issued against the respondent in a proceeding between the petitioner and the respondent and (2) an interim or temporary peace order or protective order against the respondent is not pending at the time of the hearing on the shielding request.
Courts and Judicial Proceedings, Section 3–1508 related to penalties has been amended to increase the penalties for a second or subsequent offense for violating an interim, temporary, or final peace order. With this amendment a second or subsequent violation of a peace order is subject to maximum penalties of imprisonment for one year and/or a $2,500 fine. The current statutory penalties for violation of a peace order of a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both, still apply, but now to a first violation only.
Basically the amendment to the law makes the expanded penalties for violations of peace orders consistent with the penalties for violations of protective orders.
Courts and Judicial Proceedings, Section 3–1505(f) and Section 3–1506(a) related to peace orders have been amended to authorize judges, for good cause shown, to extend the term of a final peace order for an additional six months after (1) giving notice to the petitioner and the respondent and (2) a hearing.
As always, we here at Delaney & Keffler, LLC will take the time to fully explain this matter in detail with regards to your case. Contact us today at 410-535-3476 (FIRM) or welcome@delaneykeffler.com for a free consultation.
