Frederick Cnty. Dist. Ct. CM - Special Proceedings Cases Case Management Plan 5

the petitioner.

The court on its own motion or on the objection of the other party may deny the shielding for good

cause. In determining whether there is good cause the court shall balance the privacy of the

petitioner or the respondent and potential danger of adverse consequences to the petitioner or the

respondent against the potential risk of future harm and danger to the petitioner and community.

Out-of-State Protective Orders

Orders of protection issued by a court of another state or Native American tribe must be accorded

full faith and credit by Maryland courts (Family Law Article § 4-508.1(b)).

An out-of-state ex parte order is enforceable only to the extent that the order affords relief

permitted under Family Law Article § 4-505. An out-of-state order of protection is enforceable only

to the extent that the order affords relief permitted under Family Law Article § 4-506. In other

words, foreign orders are enforceable only insofar as they provide for relief permitted in Maryland.

Some states may provide for forms of relief that are not available in Maryland. The provisions of

those orders that correspond to relief available in Maryland should be enforced.

Use the Request to Register Out-of-State Order (CC-DC-DV-016) form.

Track 2 – Peace Orders

GrantedGranted

Peace Order

Petition Filed

Interim Order

Hearing by District

Court Commissioner

After

Court

Hours

During Court Hours Temporary Peace

Order Hearing

Until 2nd day court is open Within 7 days after service

Final Peace Order

Hearing

FINAL PEACE

ORDER

In effect for up to 6

months; can be

extended for an

additional 6 months

Granted

Denied

End

Denied

End

aDenied

End

File a Case

The following four (a-d) documents are required to file a case:

(a) File a petition, using the Petition for Peace Order (DC-PO-001). You must list the reasons

why you are seeking protection. It is important to list every example of physical abuse and

threats; the history of harm or harassment caused by the respondent; any previous or

pending court actions between the parties; and the relief you are seeking. Only write on the

front side of the Petition. If necessary, you may also write on an additional sheet of paper or

use the Continuation Sheet (DC-DV-PO-1C) and attach it to the Petition.

(b) File the addendum, using the Peace Order Addendum (CC-DC-PO-001A). You must

provide a physical description of the respondent and yourself. List as much information as

possible on the respondent to make it helpful for the law enforcement officer when he or

she attempts to serve the respondent.

(c) File the supplement, using the Peace Order Supplement (DC-PO-1S). This form is used to

determine VAWA eligibility. At the hearing, a commissioner or a judge will make the

determination if the petitioner meets the qualifications of VAWA.

(d) File the Fee Notice. In Frederick County, when filing with the commissioner you must

complete a Fee Notice-Peace Order (DC-PO-020 link not available). This form is used to

inform you of the possible filing and service fee at the time of the temporary hearing.

OR

File the Peace Order Service Notice, using Service Notice form. In Washington County,

this document informs you about the required service fee.

Under Federal law (VAWA), the Maryland Peace Order when issued to intimate partners is a

“protection order” and fees or costs must not be assessed to the petitioner.

(e) File the confidential address form, if applicable, using the Emergency

Contact/Confidential form. You will use this document to list any addresses that you wish

to remain confidential.

(f) Pay the filing fee and service fee, if applicable. Check the District Court’s Cost Schedule

(DCA 109) for fees.

The petitioner will pay the filing fee by check or money order to the Clerk’s office. The

check or money order should be made payable to District Court. If the filing fee is paid in

person, payment by credit/debit card or cash is available.

The Sheriff’s fee must be paid via money order or certified check and cannot be waived

unless the petitioner qualifies under VAWA. In Washington County, the money order or

certified check should be made payable to the Washington County Sheriff’s Department.

Additionally, the sheriff’s fee may be paid directly to the Washington County Sheriff’s

Department by cash. In Frederick County, the service fee may be paid by cash (exact cash),

debit/credit (Visa, MasterCard or Discover including a 2.5% fee) or check/money order

payable to the Frederick County Sheriff’s Department.

Filing fees may be waived by the court, based on the following conditions:

 Filing by the plaintiff of the Request for Waiver of Prepaid Costs (CC-DC-089);

and/or

 Representation by a civil legal aid lawyer; Statement in Support of Waiver of

Prepaid Costs by Clerk (CC-DC-088)

(g) Notify the respondent. Immediately upon receipt of the Petition and Interim or

Temporary Order, the law enforcement officer is to serve the documents on the respondent

named in the order (Courts and Judicial Proceedings Article § 3-1503.1(f)).

(h) Proof of Service. Immediately after service, the law enforcement office is to make a return

of service to the commissioner's office or, if the Office of the District Court Clerk is open for

business, to the clerk.

Respondent is a Minor

If the respondent is a juvenile in a Peace Order case, the victim must file a complaint against the

minor child with the Department of Juvenile Services, 44 N. Potomac Street, Suite 300, Hagerstown,

MD (in Washington County) or 801 N. East Street, Suite 3, Frederick, MD 21701 (in Frederick

County) (Courts and Judicial Proceedings Article § 3-8A-03).

Violence Against Women Act (VAWA)

VAWA, passed in 1994, created the first U.S. federal legislation acknowledging domestic violence

and sexual assault as crimes, and provided federal resources to encourage community-coordinated

responses to combating violence. This landmark federal legislation’s comprehensive approach to

violence against women combine tough provisions to hold offenders accountable with programs to

provide services for the victims of such violence.

VAWA prohibits courts from charging the petitioner court costs or service fees (42 U.S.C. §§

3796gg-5(a)(1) and 3796hh(c)(4)).

Under Federal law, the Maryland Peace Order when issued to intimate partners is a “protection

order” and fees or costs must not be assessed to the petitioner.

Interim Peace Order Hearing

When courts are closed, a victim of abuse may file the Petition with the District Court

Commissioner’s office. Commissioner’s offices are open and available 24 hours a day, 7 days a week

around the state. The commissioner will issue Interim Peace Orders to last until a judge holds a

temporary hearing on the second business day the court is open.

An interim order goes into effect once the respondent is served by a law enforcement officer.

Temporary Peace Order Hearing

When you appear before a judge, you will be required to answer questions under oath. If the judge

finds reasonable grounds to believe that the respondent committed the acts alleged in the petition,

a temporary order is granted.

The order goes into effect once a law enforcement officer serves the respondent and generally lasts

for seven days unless extended by a judge.

If the respondent was served with an Interim Peace Order, your Temporary Peace Order goes into

effect once the judge signs the Temporary Order even if the respondent is not present for the

hearing.

Final Peace Order Hearing

At the hearing, both parties may present evidence. However, if the respondent does not attend, the

judge may still grant a final order if at the trial the judge finds by a preponderance of the evidence

that the respondent committed the alleged act against the petitioner, as defined under the law.

Instead of a trial, the respondent may consent to the entry of a final order.

The order goes into effect once the judge signs the Final Order even if the respondent is not present

for the hearing.

Court Opens Late on the Day the Hearing is to be Held

If the court opens late, after the scheduled hearing time, your hearing will be held at 1:00 p.m.

Court Closed on the Day the Hearing is to be Held

If the court is closed on the day on which the interim order is due to expire, the interim order shall

be effective until the next day on which the court is open, at which time the court shall hold a

temporary order hearing (Courts and Judicial Proceedings Article § 3-1503.1(g)).

If the court is closed on the day on which the temporary order is due to expire, the temporary order

shall be effective until the second day on which the court is open, by which time the court shall hold

a final order hearing (Courts and Judicial Proceedings Article § 3-1504(c)).

Review of Record

Before granting, denying, or modifying a Final Order, the court shall review all open and shielded

court records involving the petitioner and the respondent, including records of proceedings under

the Criminal Law Article, Title 3; Courts and Judicial Proceedings Article, Title 3, Subtitle 15; and the

Family Law Article § 4-506(e).

Domestic Violence Central Repository

The Domestic Violence Central Repository (DVCR) is a statewide civil peace and protective order

database. It contains all civil peace and protective orders including juvenile peace orders issued by

Circuit and District Court Judges and Commissioners in any Maryland jurisdiction. This includes all

interim, temporary and final orders. The DVCR is a secure near real-time web accessible database.

The Maryland Protective/Peace Order Application (MPPA) is the interface used to access the DVCR

orders section. The DVCR also produces reports from information contained in peace and

protective orders. The DVCR facilitated Maryland's first experience with electronic orders. It

allows Court personnel to perform quick, comprehensive searches, which improve communication

and eliminate conflicting or simultaneous orders between District and circuit courts that share

concurrent jurisdiction over domestic violence cases. Access to the MPPA allows Maryland courts

and law enforcement agencies access to order data and imaged copies of the actual order itself. The

adobe or PDF of the order may be viewed and printed for official use. The use of this Judiciary

system is for Court and Law Enforcement purposes only (Family Law Article § 4-512.1).

Postponements

A Temporary Hearing cannot be postponed because the hearing must be held before a judge on the

second business day after the Interim Hearing.

A postponement for any additional hearings will only be granted for good cause shown or by

consent of the parties and scheduled on the next earliest available date. A postponement can be

requested using the Motion for Postponement (CC-DC-070).

Duration of Orders

Interim Peace Order: Lasts no longer than the end of the second business day after it is issued.

Temporary Peace Order: May last until the Final Peace Order hearing, but not beyond thirty (30)

days.

Final Peace Order: May last for as long as six (6) months. The Court for good cause may extend the

term of the Final Peace Order for an additional six (6) months after a further hearing.

Mediation or Counseling

The courts may direct the petitioner or respondent to participate in professionally supervised

counseling or, if the both parties agree, mediation.

If the case involves intimate partners, e.g., individuals in a dating relationship who do not qualify

for a protective order and thus are using the mechanism of the peace order to seek protection, the

parties will not be ordered to participate together in either joint counseling or mediation.

Requiring intimate partners to participate together where there has been a history of violence may

place the parties unnecessarily at further risk of harm.

Contempt

The court may hold a petitioner or respondent in civil or criminal contempt for failing to follow a

Peace Order. This remedy may be necessary to enforce those provisions which, if violated, trigger

no criminal penalty.

Constructive Civil Contempt: The purpose of civil contempt is to preserve and enforce the rights of

private parties to a suit. It is remedial in nature and is intended to compel obedience to orders

primarily made to benefit private parties. There must exist an ability to meet a purge requirement

before civil contempt can be imposed (Md. Rules §§ 15-206 and 15-207).

Use the following form to file constructive civil contempt Petition for Contempt (DC-PO-007).

Constructive Criminal Contempt: The purpose of criminal contempt is to address conduct that is

directed against the dignity and authority of the court, or a judge; it is an act which obstructs the

administration of justice and which tends to bring the court into disrepute or disrespect. It is used

to punish the defendant for past misconduct, which may not necessarily be capable of remedy and

requires proof beyond a reasonable doubt. Due process requirements apply (Md. Rules §§ 15-205

and 15-207).

To file constructive criminal contempt you must see a commissioner to file criminal charges.

Appeals

If a District Court judge grants or denies peace order relief, a petitioner or a respondent may appeal

the matter within 30 days to the circuit court in the jurisdiction where the District Court is located

(Courts and Judicial Proceedings Article § 3-1506(b)(1)).

There is a District Court filing fee and a circuit court filing fee. See the Guide to Appeal Fees (DCA-

109A).

Appeals to the circuit court are heard de novo.

A District Court order remains in effect on appeal until superseded by a circuit court judgment and

unless the circuit court orders otherwise, modification or enforcement of the District Court order

shall be by the District Court (Courts and Judicial Proceedings Article § 3-1506(b)(3)).

Use the Civil Appeal (DC-CV-037) form.

Modification, Rescind or Extend Peace Orders

The court may modify, rescind or extend a Peace Order so long as the following occur:

1. Notice to all affected persons eligible for relief (petitioner) and the respondent; AND

2. A hearing.

Notice must be provided first before a hearing can be set on the request for a modification,

rescission or extension. The court may not grant a modification or rescission as emergency or ex

parte relief (Courts and Judicial Proceedings Article § 3-1506).

Use the Petition to Modify/Rescind/Extend (CC-DC-PO-006) form.

Shielding of Denied, Dismissed or Consented to Peace Orders

If a petition was denied or dismissed at any proceeding for a Peace Order the petitioner or

respondent may file a written request to shield all court records related to the proceeding (Courts

and Judicial Proceedings Article § 3-1510). A request to shield may also be filed after the expiration

date of the final peace order if the order was consented to by the respondent.

The Request to Shield Denied/Dismissed (CC-DC-PO-016A) or Request to Shield Consented (CC-DC-PO-016B) cannot be filed within 3 years of the denial, dismissal or consent unless a Waiver (CC-DC-

077) of tort claims is filed with the petition.

Upon filing the Petition, a hearing shall be scheduled and notice of the hearing must be given by the

court to the other party or the other party’s counsel of record.

At the hearing, subject to certain exceptions, the court shall shield the records if it finds:

1. Petition was denied, dismissed or consented to at the final hearing.

2. No previous peace or protective order has been issued against the respondent in a

proceeding between the petitioner and respondent.

3. The respondent has not been found guilty of a crime arising from an act against the

petitioner.

4. No pending interim or temporary protective or peace order exists against the respondent in

a proceeding between the petitioner and respondent.

5. That no pending criminal charges exist against the respondent from an alleged act against

the petitioner.

The court on its own motion or on the objection of the other party may deny the shielding for good

cause. In determining whether there is good cause the court shall balance the privacy of the

petitioner or the respondent and potential danger of adverse consequences to the petitioner or the

respondent against the potential risk of future harm and danger to the petitioner and community.

Track 3 – Emergency Evaluations

District Court has exclusive jurisdiction for Emergency Evaluations (Courts and Judicial

Proceedings Article § 4-202).

A petition for Emergency Evaluation (Health General Article § 10-622) of an individual may be

made only if the petitioner has reason to believe that the individual:

1. Has a mental disorder; and

2. The individual presents a danger to the life or safety of the individual or of others.

The petition for Emergency Evaluation of an individual may be filed by:

1. A physician, psychologist, clinical social worker, licensed clinical professional counselor,

clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse

practitioner, licensed clinical marriage and family therapist, or health officer or designee of

a health officer who has examined the individual;

2. A peace officer* who personally observed the individual or the individual’s behavior; or

3. Any other interested person.

*Per Health General Article § 10-620, a peace officer is a sheriff, a deputy sheriff, a State police

officer, a county police officer, a municipal or other local police officer, or a Secret Service agent

who is a sworn special agent of the United States Secret Service or Department of Homeland

Security authorized to exercise powers delegated under 18 U.S.C. § 3056.

An individual who makes a petition for Emergency Evaluation may base the petition on:

1. Examination or observation; or

2. Other information obtained that is pertinent to the factors giving rise to the petition.

Postponements

The petition is heard immediately by a judge. There are no postponements.

Review of Court Records

All court records relating to a petition for an Emergency Evaluation are confidential and the

contents may not be divulged, by subpoena or otherwise, except by order of the court on good

cause shown (General Health Article § 10-630).

Review of court record by certain individuals allowed: Except for a court record sealed under

General Health Article § 10-630(d), this does not prohibit review of a court record relating to a

petition by:

1. Personnel of the court;

2. The petitioner;

3. The emergency evaluee or counsel for the emergency evaluee;

4. Authorized personnel of the Department;

5. Authorized personnel of the local core service agency or local behavioral health authority;