Frederick Cnty. Dist. Ct. CM - Special Proceedings Cases Case Management Plan (introduction)

District Eleven – Frederick and Washington Counties

Case Management Plan – Special Proceedings Cases

Table of Contents

Special Proceeding Cases

Cases classified as Special Proceeding are comprised of the following types of cases separated into

the following tracks.

Track 1 – Protective Orders

Track 2 – Peace Orders

Track 3 – Emergency Evaluations

Track 4 – Constructive Contempt

Track 5 – Return of Seized Animals

Track 6 – Forfeiture of Contraband Money

Peace and Protective Orders are civil orders issued by a judge that order one person to refrain from

committing certain acts against others. The relationship between the respondent (person alleged

to have committed the prohibited act) and the petitioner (person seeking protection) determines

the Petition to be filed. Protective Orders generally apply to people in domestic relationships.

Peace Orders apply to other persons. The petitioner cannot qualify for both.

Comparison of Peace and Protective Orders

Peace Order Protective Order

Courts & Judicial Proceedings Article

§§ 3-1501 to 3-1510 Family Law Article §§ 4-501 to 4-512

What is it? Provides protection to people Allows certain victims of domestic

experiencing certain kinds of abuse violence to receive protection and

who are not eligible for Protective some kinds of relief.

Orders.

How do the orders Procedurally, they are the same. Procedurally, they are the same.

compare? However, Peace Orders include However, Protective Orders offer

additional types of abuse. additional types of relief.

Which courts have Only the District Court District and Circuit Courts

jurisdiction?

Who is eligible? Anyone who is not eligible for a If you are filing the Petition

protective order, but who is a victim of for yourself:

abuse. • You are the current or former

spouse of the respondent.

• You have had a sexual relationship

with the respondent and have

resided together for a period of at

least 90 days within the last year.

• You are related to the respondent

by blood, marriage or adoption.

• You are the parent, stepparent,

child, or stepchild of the

respondent and you have resided

with the respondent for 90 days

during the past year.

• You have a child in common with

the respondent.

Peace Order Protective Order

Courts & Judicial Proceedings Article

§§ 3-1501 to 3-1510 Family Law Article §§ 4-501 to 4-512

• You have had a sexual relationship

with the respondent within one

year before filing the petition.

If you are filing the Petition for a minor

child or vulnerable adult:

• Minor child/vulnerable adult is the

current or former spouse of the

respondent.

• Minor child/vulnerable adult has

had a sexual relationship with the

respondent and has resided with

the respondent in the home for a

period of at least 90 days within

the last year.

• Minor child/vulnerable adult is

related to the respondent by blood,

marriage or adoption.

• Minor child/vulnerable adult is the

stepparent, child or stepchild of the

respondent and has resided with

the respondent for 90 days during

the past year.

• Minor child/vulnerable adult has a

child in common with the

respondent.

• Minor child/vulnerable adult has

had a sexual relationship with the

respondent within one year before

filing the petition.

How is abuse defined? • An act that causes serious bodily • An act that causes serious bodily

harm; harm;

• An act that places the petitioner in • An act that places a person eligible

fear of imminent serious bodily for relief in fear of imminent serious

harm; bodily harm;

• Assault in any degree; • Assault in any degree;

• Rape or sexual offense or attempted • Rape or sexual offense or attempted

rape or sexual offense in any degree; rape or sexual offense in any degree;

• False imprisonment; • False imprisonment; or

• Harassment; • Stalking.

• Stalking;

• Trespass;

• Malicious destruction of property;

• Misuse of telephone facilities and

equipment;

• Misuse of electronic communication

or interactive computer service;

• Revenge porn; or

• Visual surveillance.

Peace Order Protective Order

Courts & Judicial Proceedings Article

§§ 3-1501 to 3-1510 Family Law Article §§ 4-501 to 4-512

Do I need an attorney? An attorney may be helpful in advising you about your case and representing you

in court. However, you are not required to have an attorney.

How soon after the act The act must have occurred within 30 Any time after the act

must the petitioner days of the filing of the Petition.

file for an order of

protection?

Are there any other The petitioner must show that the act No

requirements? occurred and that it is likely to occur

again.

Is there a filing fee? There is a filing fee and a service fee No

UNLESS the petitioner qualifies under

the VAWA. See definition in Track 1.

The court can waive the filing fee for

indigent petitioners, but not the service

fee.

Filing and service fees may be assessed

against a respondent, as part of a Final

Peace Order.

What is the penalty Any individual who knowingly provides false information in a Petition is guilty of

for filing a false a misdemeanor and could be subject to penalties of perjury.

petition?

What is the standard Interim and Temporary Orders: Reasonable grounds to believe that the

of proof for getting respondent has committed, and is likely to commit in the future, an act of abuse.

this order?

Final Orders: If the judge finds by a preponderance of the evidence that the

respondent has committed, and is likely to commit in the future, an act of abuse.

Or, if the respondent consents to the entry of an order, the court may issue a final

order to protect the petitioner.

How long is the order Interim Orders: the order is in effect Interim Orders: the order is in effect

in effect? until the end of the second business until the end of the second business

day the court is open. day the court is open.

Temporary Orders: the order shall be Temporary Orders: the order shall be

effective for not more than 7 days after effective for not more than 7 days after

service of the order. The judge may service of the order. The judge may

extend the temporary order as needed, extend the temporary order as needed,

but not to exceed 30 days, to effectuate but not to exceed 6 months, to

service of the order where necessary to effectuate service of the order where

provide protection or for other good necessary to provide protection or for

cause. other good cause.

Peace Order Protective Order

Courts & Judicial Proceedings Article

§§ 3-1501 to 3-1510 Family Law Article §§ 4-501 to 4-512

Final Orders: The final order shall be Final Orders: The final order shall be

effective for the period stated in the effective for the period stated in the

order, not to exceed 6 months. order, not to exceed 1 year or, under

certain circumstances, 2 years or even

a Permanent Protective Order.

What types of relief Peace Orders are intended to provide Protective Orders are intended to

are available under protection for the petitioner named in provide protection for the petitioner

the order? the order. The respondent may be and others named in the order. The

ordered to: respondent may be ordered to:

• Stop threatening or committing • Stop threatening or committing

abuse; abuse;

• Stay away from the petitioner’s • Stay away from the petitioner’s

home, place of employment or home, place of employment or

school; school; and

• Have no contact with the petitioner; • Have no contact with the petitioner

• Final Order only; order the parties or others.

attend mediation; and The court may also:

• Final Order only; order the • Award temporary use and

respondent to pay filing and service possession of the home to the

fees. petitioner;

• Award temporary custody of

children to the petitioner;

• Award temporary financial support;

• Require the respondent to

surrender all firearms and refrain

from possession of firearms during

the duration of the order;

• Award temporary possession of any

pet; and

• Final Order only; order any other

relief that the judge determines is

necessary to protect the petitioner

or others.

What can the Violation of a Peace Order may be a A violation of a Final Protective Order

petitioner do if the crime or contempt of court or both, and is a crime and law enforcement shall

order is violated by could result in criminal prosecution arrest the Respondent, with or without

the respondent? and imprisonment or fine or both. a warrant, and take the Respondent

into custody if the officer has probable

cause to believe that the Respondent

has violated any provision of the

Interim, Temporary, or Final Protective

Order. Violation of this Order may

result in criminal prosecution,

imprisonment or fine or both, or a

finding of contempt.

Peace Order

Courts & Judicial Proceedings Article

§§ 3-1501 to 3-1510

Protective Order

Family Law Article §§ 4-501 to 4-512

Can the order be

modified or

rescinded?

A petition to modify or rescind can be filed where the order was issued.

Can the issuance or

denial of the order be

appealed?

A Peace or Protective Order may be appealed to circuit court within 30 days from

the date the order was issued or denied.

Definition of Terms

(Family Law Article § 4-501 and Courts and Judicial Proceedings Article § 3-1501)

For a description of the Peace and Protective Order terms discussed in this plan, you can refer to

the Definition of Terms (CC-DC-DV-001B).

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) and Family Law

Article § 4-504.1(h)).

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) and Family Law Article §

4-505(c)).

Track 1 – Protective Orders

Granted

Denied

End

GrantedGrantedProtective

Order Petition

Filed Interim Order

Hearing by District

Court Commissioner

After

Court

Hours

During Court Hours

Temporary

Protective Order

Hearing

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

Final Protective

Order Hearing

FINAL

PROTECTIVE

ORDER

PERMANENT

PROTECTIVE

ORDER

In effect for up to 1

year; can be extended

up to 2 years for

subsequent acts of

abuse

Granted

Denied

End

Denied

End

Denied

End

Can be requested by

the petitioner if the

respondent serves 5

years imprisonment in

a criminal case for

abuse.

File a Case

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

(a) File a petition, using the Petition for Protection (CC-DC-DV-001). You must list the reasons

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

abuse and threats; the history of abuse; all pending or previous 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. If the abuser is responsible for providing

financial support to you or to a person eligible for relief, you must request Emergency

Family Maintenance on the Petition and at the Temporary hearing. Emergency Family

Maintenance is usually not granted at the Temporary hearing. You will need to submit a

financial statement to the judge at the Final hearing. You can use the Financial Statement

(CC-DC-DV-4) form.

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

provide a physical description of the respondent, yourself and any other persons you wish

to be protected. List as much information as possible on the respondent to make it helpful

for the law enforcement officer when they attempt to serve the respondent.

(c) File the definitions, using the Definition of Terms (CC-DC-DV-001B). This document

provides a description of the terms used in the Petition and Order. This document becomes

a part of the Petition so that each party can understand the terms used.

(d) File the emergency contact/confidential address form, using the Emergency

Contact/Confidential form. You must list an emergency contact person. You can also use

this document to list any addresses that you wish to remain confidential. A copy of this

document is given to the law enforcement officer.

(e) There is no filing or service fee.

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

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

named in the order (Family Law Article § 4-504.1(g)).

(g) 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

Although the law provides that a victim can file for a Protective Order against a minor respondent

(Courts & Judicial Proceedings Article § 3-8A-10), our policy is to direct the petitioner to file the

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

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

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)).

Interim Protective Order Hearing

When courts are closed, a victim of domestic violence 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 Protective 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 when the respondent is served by a law enforcement officer.

Temporary Protective 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 when 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 Protective Order, your Temporary Protective Order

goes into effect when the judge signs the Temporary Order even if the respondent is not present for

the hearing.

Final Protective 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 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 when 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 (Family Law Article § 4-504.1(h)).

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 (Family Law Article § 4-505(c)).

Waiver of Petitioner’s Appearance

To be eligible for waiver of the petitioner’s presence at any future Final Protective Order hearings

before the respondent is served, the petitioner must appear at the first scheduled hearing to

consider a Final Protective Order. At that hearing or any other time prior to service on the

respondent, the petitioner may request a Waiver of Appearance (CC-DC-DV-019) at any Final

Protective Order hearing scheduled for a date prior to the respondent being served. The request

shall be on a form prepared by the Administrative Office of the Courts and available in the clerks’

offices and on the judiciary website. The court shall grant a properly filed request for waiver. The

petitioner is required to register with the VINE Protective Order Service Program (Md. Rules § 9-

306).

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 Protective Order: The order lasts no longer than the end of the second business day after it

is issued.

Temporary Protective Order: The order may last until the Final Protective Order hearing, but not

beyond six (6) months.

Final Protective Order: The order may last for as long as one (1) year. The Court for good cause

may extend the term of the Final Protective Order for an additional six (6) months after a further

hearing.

Child Abuse or Vulnerable Adult Abuse

When the judge finds reasonable grounds to believe that the respondent has abused a child or

vulnerable adult in a Protective Order case, the judge must forward a copy of the Petition and

Temporary Protective Order to the local Department of Social Services (DSS) (Family Law Article §

4-505(e)).

When DSS receives the Petition and Temporary Protective Order they must investigate the alleged

abuse as provided in Family Law Article §§ 5-706 and 14-303. DSS is then required to send a copy

of the report of the investigation to the court by the date of the Final Protective Order hearing. The

report will remain confidential and may only be viewed by the parties at the final hearing.

Surrender Firearms

The Temporary Protective Order shall order the respondent to surrender to law enforcement

authorities any firearm in the respondent's possession, and to refrain from possession of any

firearm, for the duration of the temporary protective order (Family Law Article § 4-505(a)).

The Final Protective Order shall order the respondent to surrender to law enforcement authorities

any firearm in the respondent’s possession, and to refrain from possession of any firearm, for the

duration of the protective order (Family Law Article § 4-506(f)).

Venue and Transfer

After entering a Temporary Protective Order, the District Court, on a motion or its own initiative,

may transfer the action to the Circuit Court for the Final Protective Order hearing if, after inquiry,

the District Court finds 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 it is in the interests of justice that the case be heard in the Circuit Court (Md. Rule § 3-

326(c)).

Subsequent Acts of Abuse

All relief granted in a Final Protective Order shall be effective for the period stated in the order, not

to exceed 2 years if: (i) the court issues a Final Protective Order under this section against a

respondent on behalf of a person eligible for relief for an act of abuse committed within 1 year after

the date that a prior Final Protective Order issued against the same respondent on behalf of the

same person eligible for relief expires; and (ii) the prior Final Protective order was issued for a

period of at least 6 months (Family Law Article § 4-506(j)).

Permanent Final Protective Order

A Permanent Final Protective Order may be issued by a judge, if requested by the person eligible for

relief in the original protective order against an individual who was a respondent in a previously

issued Final Protective Order and that, for the same act of abuse that led to the issuance of the

original final protection order, that respondent was convicted and sentenced to serve a term of

imprisonment of at least five (5) years for specified violations of the Criminal Law Article or for

conspiracy or solicitation to commit murder and the Respondent has served at least 12 months of

the sentence (Family Law Article § 4-506(k)).

Mediation

The courts may not enter an order of referral to Alternative Dispute Resolution (ADR) in a

protective order action (Md. Rules § 17-302(b)).

Counseling and Therapeutic Services

If the Protective Order includes a stay away provision, the order will NOT require the parties to

participate in joint counseling, couple’s counseling, marriage counseling or family counseling

together as that could increase the likelihood of a chance meeting. Requiring an abuser and victim

to meet or interact can place the victim or others at risk of harm.

Contempt

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

Protective 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 (CC-DC-DV-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 respondent 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 protective 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 (Family Law Article § 4-507(b)(1)).

There are no fees to file an appeal.

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 (Family Law Article § 4-507(b)(3)).

A party cannot appeal a Protective Order issued by a District Court to the circuit court if the party

consented the entry of the order in the District Court. (Case law Suter v. Stuckey)

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

Modification, Rescind or Extend Protective Orders

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