§ 3-8A-19.2. Peace order request -- Hearing; forms of relief  


Latest version.



  •    (a) "Residence" defined. -- In this section, "residence" includes the yard, grounds, outbuildings, and common areas surrounding the residence.

    (b) Hearing. --

       (1) If a peace order request is filed under § 3-8A-19.1(b) of this subtitle, the respondent shall have an opportunity to be heard on the question of whether the court should issue a peace order.

       (2) If the court finds by clear and convincing evidence that the respondent has committed, and is likely to commit in the future, an act specified in § 3-8A-19.1(b) of this subtitle against the victim, or if the respondent consents to the entry of a peace order, the court may issue a peace order to protect the victim.

    (c) Forms of relief. --

       (1) The peace order may include any or all of the following relief:

          (i) Order the respondent to refrain from committing or threatening to commit an act specified in § 3-8A-19.1(b) of this subtitle against the victim;

          (ii) Order the respondent to refrain from contacting, attempting to contact, or harassing the victim;

          (iii) Order the respondent to refrain from entering the residence of the victim;

          (iv) Order the respondent to remain away from the place of employment, school, or temporary residence of the victim; and

          (v) Direct the respondent or the victim to participate in professionally supervised counseling.

       (2) If the court issues an order under this section, the order shall contain only the relief that is minimally necessary to protect the victim.

       (3) All relief granted in a peace order shall be effective for the period stated in the order, not to exceed 6 months.

       (4) If the court issues an order under this section, the court may impose reasonable court costs against a respondent, or the respondent's parent, guardian, or custodian.


HISTORY: 2000, ch. 404; 2001, ch. 415, § 6.