Divorce Montgomery Maryland Absolute 7-103 Grounds Law

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There are many different grounds to file for a divorce in Montgomery Maryland. If you are facing an absolute divorce in Montgomery, you need an experienced Montgomery, Maryland lawyer who can guide you through the complex process of a divorce.

Our firm assists clients with filing for an absolute divorce in Montgomery, Maryland. Our Montgomery, Maryland lawyers will advise you of your options when contemplating a divorce, filing a divorce or defending against a divorce action.

The following the Montgomery, Maryland Code for Absolute Divorce.

We have client meeting locations in Montgomery & Montgomery.

Call us today to discuss your divorce case in Montgomery, Maryland.

Montgomery Maryland Family Law Code 7-103. Absolute divorce

(a) Grounds for absolute divorce. — The court may decree an absolute divorce on the following grounds:

(1) adultery;

(2) desertion, if:

(i) the desertion has continued for 12 months without interruption before the filing of the application for divorce;

(ii) the desertion is deliberate and final; and

(iii) there is no reasonable expectation of reconciliation;

(3) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:

(i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and

(ii) served 12 months of the sentence;

(4) 12-month separation, when the parties have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce;

(5) insanity if:

(i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce;
(ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and
(iii) 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;

(6) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or

(7) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

(b) Recrimination. — Recrimination is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (7) of this section, but is a factor to be considered by the court in a case involving the ground of adultery.

(c) Res judicata. — Res judicata with respect to another ground under this section is not a bar to either party obtaining an absolute divorce on the ground of 12-month separation.

(d) Condonation. — Condonation is not an absolute bar to a decree of an absolute divorce on the ground of adultery, but is a factor to be considered by the court in determining whether the divorce should be decreed.

(e) Effect of limited divorce on application for absolute divorce. —

(1) A court may decree an absolute divorce even if a party has obtained a limited divorce.

(2) If a party obtained a limited divorce on the ground of desertion that at the time of the decree did not meet the requirements of subsection (a)(2) of this section, the party may obtain an absolute divorce on the ground of desertion when the desertion meets the requirements of subsection (a)(2) of this section.

Maryland Statute Grounds for Divorce Description
Md. Code  7-103 (a) (1),Md. Code  7-103 (b), &

Md. Code  7-103 (d)

Adultery; Recrimination and Condonation are not an absolute bar to a decree of an absolute divorce on the ground of adultery, but is a factor to be considered by the court in determining whether the divorce should be decreed
Md. Code  7-103 (a) (2) Desertion,  (i) Desertion has continued for 12 months without interruption before applying for divorce;(ii) Desertion is deliberate and final;

(iii) And there is no reasonable expectation of reconciliation

Md. Code  7-103 (a) (3) Conviction of a felony or misdemeanor in any state or in any court of the United States If before applying for divorce the defendant has(i) Been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and

(ii) served 12 months of the sentence

Md. Code  7-103 (a) (4) &Md. Code  7-103 (c) 12-month separation, When the parties have lived separate and apart without cohabitation for 12 months without interruption before applying for divorce;Res judicata is not a bar to either party obtaining an absolute divorce on this ground
Md. Code  7-103 (a) (5) Insanity (i) Insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before applying for divorce;(ii) Court determines from the testimony of at least 2 physicians, competent in psychiatry that the insanity is incurable and there is no hope of recovery; and

(iii) 1 of the parties has been a resident of this State for at least 2 years before applying for divorce.

Md. Code  7-103 (a) (6) Cruelty Cruel treatment toward the complaining party or complaining party’s minor child, if there is no reasonable expectation of reconciliation
Md. Code  7-103 (a) (7) Excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation. Such conduct toward the complaining party or complaining party’s minor child, if there is no reasonable expectation of reconciliation
Md. Code  7-103 (b) Recrimination.It is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (7), but is a factor to be considered by the court in a case involving the ground of adultery.
Effect of limited divorce on application for absolute divorce.
Md. Code  7-103(e)    (1) A court may decree an absolute divorce even if a party has obtained a limited divorce.(2) If a party obtained a limited divorce on the ground of desertion that at the time of the decree did not meet the requirements this section, the party may obtain an absolute divorce on the ground of desertion when the desertion meets the requirements of this section

Call us today to discuss your divorce case in Montgomery, Maryland.

Article written by A SrisA Sris
Sris Law Group
1-240-399-0304

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Divorce Montgomery Maryland Limited 7-102 Grounds Law

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There are many different grounds to file for a divorce in Montgomery, Maryland. If you are facing a limited divorce in Montgomery, Maryland, you need an experienced Montgomery, Maryland lawyer who can guide you through the complex process of a divorce.

Our firm assists clients with filing for a limited divorce in Montgomery, Maryland. Our Montgomery, Maryland lawyers will advise you of your options when contemplating a divorce, filing a divorce or defending against a divorce action.

The following is the Montgomery, Maryland Code for Limited Divorce.

Call us today to discuss your divorce case in Montgomery, Maryland.

Md. FAMILY LAW Code Ann. § 7-102 (2012)

§ 7-102. Limited divorce

(a) Grounds for limited divorce. — The court may decree a limited divorce on the following grounds:

(1) cruelty of treatment of the complaining party or of a minor child of the complaining party;

(2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;

(3) desertion; or

(4) voluntary separation, if:

(i) the parties are living separate and apart without cohabitation; and

(ii) there is no reasonable expectation of reconciliation.

(b) Attempts at reconciliation. — As a condition precedent to granting a decree of limited divorce, the court may:

(1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and

(2) assess the costs of any efforts to achieve reconciliation that the court prescribes.

(c) Time during which decree is effective. — The court may decree a divorce under this section for a limited time or for an indefinite time.

(d) Revocation of decree. — The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties.

(e) Decree of limited divorce on prayer for absolute divorce. –– If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.

Montgomery, Maryland Statute Topic Description
Md. Code § 7-102 (a) Grounds for limited divorce (1) cruelty of treatment of the complaining party or complaining party’s minor child;(2) excessively vicious conduct to the complaining party or to complaining party’s minor child,

(3) desertion; or

(4) Voluntary separation, if the parties are living separate and apart without cohabitation and there is no reasonable expectation of reconciliation.

Md. Code § 7-102 (b) Attempts at reconciliation The court may require as condition precedent the following:(1) Require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and

(2) Assess the costs of any reconciliation efforts the court prescribes.

Md. Code § 7-102 (c) Time during which decree is effective It may be for a limited time or for an indefinite time.
Md. Code § 7-102 (d) Revocation of decree on the joint application of the parties the court that granted limited divorce decree may revoke it at any time.
Md. Code § 7-102 (e) Decree of limited divorce on prayer for absolute divorce If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce

Call us today to discuss your divorce case in Montgomery, Maryland.

Article written by A SrisA Sris
Sris Law Group
1-240-399-0304

Marriage Void Montgomery Maryland Law 2-202 Relationship

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Marriages Within Certain Degrees Of Relationship Void Defense Montgomery – Maryland Lawyers

There are many different penalties for Marriages Within Certain Degrees Of Relationship Void in Montgomery, Maryland.

If you have been charged with Marriages Within Certain Degrees Of Relationship Void, contact our firm immediately for help.

Marriages Within Certain Degrees Of Relationship Void Defense In Montgomery, Maryland

We will do our absolute best to help you get the best result possible based on the facts of your case.

FAMILY LAW MD CODE

MONTGOMERY MARYLAND LAWYERS- MARRIAGES WITHIN CERTAIN DEGREES OF RELATIONSHIP VOID – STATUTE:

Md. FAMILY LAW Code Ann. § 2-202

§ 2-202. Marriages within certain degrees of relationship void; penalties [Subject to amendment effective January 1, 2013; amended version follows this section]

(a) In general. — Any marriage performed in this State that is prohibited by this section is void.

(b) Marriages within 3 degrees of direct lineal consanguinity or within first degree of collateral consanguinity prohibited; penalties. —

(1) A man may not marry his:

(i) grandmother;
(ii) mother;
(iii) daughter;
(iv) sister; or
(v) granddaughter.

(2) A woman may not marry her:

(i) grandfather;
(ii) father;
(iii) son;
(iv) brother; or
(v) grandson.

(3) An individual who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $ 1,500.

(c) Certain marriages within other degrees of affinity or consanguinity prohibited; penalties. —

(1) A man may not marry his:

(i) grandfather’s wife;
(ii) wife’s grandmother;
(iii) father’s sister;
(iv) mother’s sister;
(v) stepmother;
(vi) wife’s mother;
(vii) wife’s daughter;
(viii) son’s wife;
(ix) grandson’s wife;
(x) wife’s granddaughter;
(xi) brother’s daughter; or
(xii) sister’s daughter.

(2) A woman may not marry her:

(i) grandmother’s husband;
(ii) husband’s grandfather;
(iii) father’s brother;
(iv) mother’s brother;
(v) stepfather;
(vi) husband’s father;
(vii) husband’s son;
(viii) daughter’s husband;
(ix) husband’s grandson;
(x) brother’s son;
(xi) sister’s son; or
(xii) granddaughter’s husband.

(3) An individual who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $ 500.

MONTGOMERY MARYLAND LAWYERS- MARRIAGES WITHIN CERTAIN DEGREES OF RELATIONSHIP VOID:

Md. Family Law Code Ann. § 2-202

Description

Penalties

Marriages within certain degrees of relationship void; penalties (a) In general. — Any marriage performed in this State that is prohibited by this section is void.(b) Marriages within 3 degrees of direct lineal consanguinity or within first degree of collateral consanguinity prohibited; penalties. —

(1) A man may not marry his:

(i) grandmother;

(ii) mother;

(iii) daughter;

(iv) sister; or

(v) granddaughter.

(2) A woman may not marry her:

(i) grandfather;

(ii) father;

(iii) son;

(iv) brother; or

(v) grandson.

Shall be guilty of a misdemeanor and be subject to a fine of $ 1,500
(c) Certain marriages within other degrees of affinity or consanguinity prohibited; penalties. —(1) A man may not marry his:

(i) grandfather’s wife;

(ii) wife’s grandmother;

(iii) father’s sister;

(iv) mother’s sister;

(v) stepmother;

(vi) wife’s mother;

(vii) wife’s daughter;

(viii) son’s wife;

(ix) grandson’s wife;

(x) wife’s granddaughter;

(xi) brother’s daughter; or

(xii) sister’s daughter.

(2) A woman may not marry her:

(i) grandmother’s husband;

(ii) husband’s grandfather;

(iii) father’s brother;

(iv) mother’s brother;

(v) stepfather;

(vi) husband’s father;

(vii) husband’s son;

(viii) daughter’s husband;

(ix) husband’s grandson;

(x) brother’s son;

(xi) sister’s son; or

(xii) granddaughter’s husband.

Shall be guilty of a misdemeanor and be subject to a fine of $ 500

Marriages Within Certain Degrees Of Relationship Void Defense In Montgomery, Maryland
We will do our absolute best to help you get the best result possible based on the facts of your case.

Article written by A SrisA Sris
Sris Law Group
1-240-399-0304

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Breach Promise Marry Montgomery Maryland Law 3-102

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Breach Of Promise To Marry Montgomery – Maryland Lawyers

What is required for Breach Of Promise To Marry in Montgomery Maryland.

If you are dealing with an Action For Breach Of Promise To Marry In Montgomery Maryland, contact our firm immediately for help.

Action For Breach Of Promise To Marry In Montgomery Maryland

We will do our absolute best to help you get the best result possible based on the facts of your case.

MONTGOMERY MARYLAND LAWYERS- ACTION FOR BREACH OF PROMISE TO MARRY – STATUTE:

Md. FAMILY LAW Code Ann. § 3-102

§ 3-102. Action for breach of promise to marry

(a) In general. — Unless the individual is pregnant, an individual:

(1) has no cause of action for breach of promise to marry; and

(2) may not bring an action for breach of promise to marry regardless of where the cause of action arose.

(b) Corroboration required. — In an action for damages for breach of promise to marry, a judgment for the plaintiff may not be entered on the uncorroborated testimony of the plaintiff.

MONTGOMERY MARYLAND LAWYERS- ACTION FOR BREACH OF PROMISE TO MARRY:

Md. Family Law Code Ann. § 3-102

Description

Action for breach of promise to marry (a) In general. — Unless the individual is pregnant, an individual:

(1) has no cause of action for breach of promise to marry; and

(2) may not bring an action for breach of promise to marry regardless of where the cause of action arose.

(b) Corroboration required. — In an action for damages for breach of promise to marry, a judgment for the plaintiff may not be entered on the uncorroborated testimony of the plaintiff.

Action For Breach Of Promise To Marry In Montgomery Maryland

We will do our absolute best to help you get the best result possible based on the facts of your case.

Article written by A SrisA Sris
Sris Law Group
1-240-399-0304

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Protective Order Montgomery Maryland Law 4-506

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Protective Order Montgomery – Maryland Lawyers

What is required for Protective Order in Montgomery Maryland.

If you are dealing with an Protective Order In Montgomery Maryland, contact our firm immediately for help.

Protective Order In Montgomery Maryland

We will do our absolute best to help you get the best result possible based on the facts of your case.

MONTGOMERY MARYLAND LAWYERS PROTECTIVE ORDERS – STATUTE: 4-506

Md. FAMILY LAW Code Ann. § 4-506

Protective orders

(a) Hearing — In general. — A respondent under § 4-505 of this subtitle shall have an opportunity to be heard on the question of whether the judge should issue a final protective order.

(b) Hearing — Date and time. —

(1) (i) The temporary protective order shall state the date and time of the final protective order hearing.

(ii) Except as provided in § 4-505(c) of this subtitle, or unless continued for good cause, the final protective order hearing shall be held no later than 7 days after the temporary protective order is served on the respondent.

(2) The temporary protective order shall include notice to the respondent:

(i) in at least 10-point bold type, that if the respondent fails to appear at the final protective order hearing, the respondent may be served by first-class mail at the respondent’s last known address with the final protective order and all other notices concerning the final protective order;

(ii) specifying all the possible forms of relief under subsection (d) of this section that the final protective order may contain;

(iii) that the final protective order shall be effective for the period stated in the order, not to exceed 1 year or, under the circumstances described in subsection (i)(2) of this section, 2 years, unless the judge extends the term of the order under § 4-507(a)(2) of this subtitle or the court issues a permanent order under subsection (j) of this section; and

(iv) in at least 10-point bold type, that the respondent must notify the court in writing of any change of address.

(c) Issuance. —

(1) If the respondent appears before the court at a protective order hearing or has been served with an interim or temporary protective order, or the court otherwise has personal jurisdiction over the respondent, the judge:

(i) may proceed with the final protective order hearing; and

(ii) if the judge finds by clear and convincing evidence that the alleged abuse has occurred, or if the respondent consents to the entry of a protective order, the judge may grant a final protective order to protect any person eligible for relief from abuse.

(2) A final protective order may be issued only to a person who has filed a petition under § 4-504 of this subtitle.

(3) (i) Subject to the provisions of subparagraph

(ii) of this paragraph, in cases where both parties file a petition under § 4-504 of this subtitle, the judge may issue mutual protective orders if the judge finds by clear and convincing evidence that mutual abuse has occurred.

(iii) The judge may issue mutual final protective orders only if the judge makes a detailed finding of fact that:

1. both parties acted primarily as aggressors; and

2. neither party acted primarily in self-defense.

(d) Contents. — The final protective order may include any or all of the following relief:

(1) order the respondent to refrain from abusing or threatening to abuse any person eligible for relief;

(2) order the respondent to refrain from contacting, attempting to contact, or harassing any person eligible for relief;

(3) order the respondent to refrain from entering the residence of any person eligible for relief;

(4) where the person eligible for relief and the respondent are residing together at the time of the abuse, order the respondent to vacate the home immediately and award temporary use and possession of the home to the person eligible for relief or, in the case of alleged abuse of a child or alleged abuse of a vulnerable adult, award temporary use and possession of the home to an adult living in the home, provided that the court may not grant an order to vacate and award temporary use and possession of the home to a nonspouse person eligible for relief unless the name of the person eligible for relief appears on the lease or deed to the home or the person eligible for relief has shared the home with the respondent for a period of at least 90 days within 1 year before the filing of the petition;

(5) order the respondent to remain away from the place of employment, school, or temporary residence of a person eligible for relief or home of other family members;

(6) order the respondent to remain away from a child care provider of a person eligible for relief while a child of the person is in the care of the child care provider;

(7) award temporary custody of a minor child of the respondent and a person eligible for relief;

(8) establish temporary visitation with a minor child of the respondent and a person eligible for relief on a basis which gives primary consideration to the welfare of the minor child and the safety of any other person eligible for relief. If the court finds that the safety of a person eligible for relief will be jeopardized by unsupervised or unrestricted visitation, the court shall condition or restrict visitation as to time, place, duration, or supervision, or deny visitation entirely, as needed to guard the safety of any person eligible for relief;

(9) award emergency family maintenance as necessary to support any person eligible for relief to whom the respondent has a duty of support under this article, including an immediate and continuing withholding order on all earnings of the respondent in the amount of the ordered emergency family maintenance in accordance with the procedures specified in Title 10, Subtitle 1, Part III of this article;

(10) award temporary use and possession of a vehicle jointly owned by the respondent and a person eligible for relief to the person eligible for relief if necessary for the employment of the person eligible for relief or for the care of a minor child of the respondent or a person eligible for relief;

(11) direct the respondent or any or all of the persons eligible for relief to participate in professionally supervised counseling or a domestic violence program;

(12) order the respondent to pay filing fees and costs of a proceeding under this subtitle; or

(13) award temporary possession of any pet of the person eligible for relief or the respondent.

(e) Review of open and shielded court records. —

(1) Before granting, denying, or modifying a final protective order under this section, the court shall review all open and shielded court records involving the person eligible for relief and the respondent, including records of proceedings under:

(i) the Criminal Law Article;

(ii) Title 3, Subtitle 15 of the Courts Article; and

(iii) this article.

(2) The court’s failure to review records under this subsection does not affect the validity of an order issued under this section.

(f) Surrender of firearm. — 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.

(g) Reasonable and necessary force. — If the judge awards temporary custody of a minor child under subsection (d)(7) of this section, the judge may order a law enforcement officer to use all reasonable and necessary force to return the minor child to the custodial parent after service of the final protective order.

(h) Factors in ordering vacation of home. — In determining whether to order the respondent to vacate the home under § 4-505(a)(2)(iv) of this subtitle or subsection (d)(4) of this section, the judge shall consider the following factors:

(1) the housing needs of any minor child living in the home;

(2) the duration of the relationship between the respondent and any person eligible for relief;

(3) title to the home;

(4) pendency and type of criminal charges against the respondent;

(5) the history and severity of abuse in the relationship between the respondent and any person eligible for relief;

(6) the existence of alternative housing for the respondent and any person eligible for relief; and

(7) the financial resources of the respondent and the person eligible for relief.

(i) Service. —

(1) A copy of the final protective order shall be served on the petitioner, the respondent, any affected person eligible for relief, the appropriate law enforcement agency, and any other person the judge determines is appropriate, in open court or, if the person is not present at the final protective order hearing, by first-class mail to the person’s last known address.

(2) A copy of the final protective order served on the respondent in accordance with paragraph (1) of this subsection constitutes actual notice to the respondent of the contents of the final protective order. Service is complete upon mailing.

(j) Duration. —

(1) Except as provided in paragraphs (2) and (3) of this subsection, all relief granted in a final protective order shall be effective for the period stated in the order, not to exceed 1 year.

(2) 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.

(3) A subsequent circuit court order pertaining to any of the provisions included in the final protective order shall supersede those provisions in the final protective order.

(k) Final protective order. —

(1) Notwithstanding any other provision of this section, the court shall issue a new final protective order against an individual if:

(i) the individual was previously a respondent under this subtitle against whom a final protective order was issued;

(ii) the individual was convicted and served a term of imprisonment of at least 5 years under § 2-205, § 2-206, § 3-202, § 3-303, § 3-304, § 3-305, § 3-306, § 3-309, § 3-310, § 3-311, or § 3-312 of the Criminal Law Article for the act of abuse that led to the issuance of the final protective order; and

(iii) the victim of the abuse who was the person eligible for relief in the original final protective order requests the issuance of a new final protective order.

(2) In a final protective order issued under this subsection, the court may grant only the relief that was granted in the original protective order under subsection (d)(1) or (2) of this section.

(3) Unless terminated at the request of the victim, a final protective order issued under this subsection shall be permanent.

MONTGOMERY MARYLAND LAWYERS PROTECTIVE ORDERS:

Md. FAMILY LAW Code Ann. § 4-506 – Protective orders

Description

§ 4-506 (a) – Hearing — In general. A respondent under § 4-505 of this subtitle shall have an opportunity to be heard on the question of whether the judge should issue a final protective order.
§ 4-506 (b) – Hearing — Date and time    (1) (i) The temporary protective order shall state the date and time of the final protective order hearing.(ii) Except as provided in § 4-505(c) of this subtitle, or unless continued for good cause, the final protective order hearing shall be held no later than 7 days after the temporary protective order is served on the respondent.

(2) The temporary protective order shall include notice to the respondent:

(i) in at least 10-point bold type, that if the respondent fails to appear at the final protective order hearing, the respondent may be served by first-class mail at the respondent’s last known address with the final protective order and all other notices concerning the final protective order;

(ii) specifying all the possible forms of relief under subsection (d) of this section that the final protective order may contain;

(iii) that the final protective order shall be effective for the period stated in the order, not to exceed 1 year or, under the circumstances described in subsection (i)(2) of this section, 2 years, unless the judge extends the term of the order under § 4-507(a)(2) of this subtitle or the court issues a permanent order under subsection (j) of this section; and

(iv) in at least 10-point bold type, that the respondent must notify the court in writing of any change of address.

§ 4-506 (c) – Issuance.    (1) If the respondent appears before the court at a protective order hearing or has been served with an interim or temporary protective order, or the court otherwise has personal jurisdiction over the respondent, the judge:(i) may proceed with the final protective order hearing; and

(ii) if the judge finds by clear and convincing evidence that the alleged abuse has occurred, or if the respondent consents to the entry of a protective order, the judge may grant a final protective order to protect any person eligible for relief from abuse.

(2) A final protective order may be issued only to a person who has filed a petition under § 4-504 of this subtitle.

(3) (i) Subject to the provisions of subparagraph (ii) of this paragraph, in cases where both parties file a petition under § 4-504 of this subtitle, the judge may issue mutual protective orders if the judge finds by clear and convincing evidence that mutual abuse has occurred.

(ii) The judge may issue mutual final protective orders only if the judge makes a detailed finding of fact that:

1. both parties acted primarily as aggressors; and

2. neither party acted primarily in self-defense

§ 4-506 (d) – Contents. The final protective order may include any or all of the following relief:(1) order the respondent to refrain from abusing or threatening to abuse any person eligible for relief;

(2) order the respondent to refrain from contacting, attempting to contact, or harassing any person eligible for relief;

(3) order the respondent to refrain from entering the residence of any person eligible for relief;

(4) where the person eligible for relief and the respondent are residing together at the time of the abuse, order the respondent to vacate the home immediately and award temporary use and possession of the home to the person eligible for relief or, in the case of alleged abuse of a child or alleged abuse of a vulnerable adult, award temporary use and possession of the home to an adult living in the home, provided that the court may not grant an order to vacate and award temporary use and possession of the home to a nonspouse person eligible for relief unless the name of the person eligible for relief appears on the lease or deed to the home or the person eligible for relief has shared the home with the respondent for a period of at least 90 days within 1 year before the filing of the petition;

(5) order the respondent to remain away from the place of employment, school, or temporary residence of a person eligible for relief or home of other family members;

(6) order the respondent to remain away from a child care provider of a person eligible for relief while a child of the person is in the care of the child care provider;

(7) award temporary custody of a minor child of the respondent and a person eligible for relief;

(8) establish temporary visitation with a minor child of the respondent and a person eligible for relief on a basis which gives primary consideration to the welfare of the minor child and the safety of any other person eligible for relief. If the court finds that the safety of a person eligible for relief will be jeopardized by unsupervised or unrestricted visitation, the court shall condition or restrict visitation as to time, place, duration, or supervision, or deny visitation entirely, as needed to guard the safety of any person eligible for relief;

(9) award emergency family maintenance as necessary to support any person eligible for relief to whom the respondent has a duty of support under this article, including an immediate and continuing withholding order on all earnings of the respondent in the amount of the ordered emergency family maintenance in accordance with the procedures specified in Title 10, Subtitle 1, Part III of this article;

(10) award temporary use and possession of a vehicle jointly owned by the respondent and a person eligible for relief to the person eligible for relief if necessary for the employment of the person eligible for relief or for the care of a minor child of the respondent or a person eligible for relief;

(11) direct the respondent or any or all of the persons eligible for relief to participate in professionally supervised counseling or a domestic violence program;

(12) order the respondent to pay filing fees and costs of a proceeding under this subtitle; or

(13) award temporary possession of any pet of the person eligible for relief or the respondent

§ 4-506 (e) – Review of open and shielded court records.    (1) Before granting, denying, or modifying a final protective order under this section, the court shall review all open and shielded court records involving the person eligible for relief and the respondent, including records of proceedings under:(i) the Criminal Law Article;

(ii) Title 3, Subtitle 15 of the Courts Article; and

(iii) this article.

(2) The court’s failure to review records under this subsection does not affect the validity of an order issued under this section

§ 4-506 (f) – Surrender of firearm 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
§ 4-506 (g) – Reasonable and necessary force. If the judge awards temporary custody of a minor child under subsection (d)(7) of this section, the judge may order a law enforcement officer to use all reasonable and necessary force to return the minor child to the custodial parent after service of the final protective order.
§ 4-506 (h) – Factors in ordering vacation of home. In determining whether to order the respondent to vacate the home under § 4-505(a)(2)(iv) of this subtitle or subsection (d)(4) of this section, the judge shall consider the following factors:(1) the housing needs of any minor child living in the home;

(2) the duration of the relationship between the respondent and any person eligible for relief;

(3) title to the home;

(4) pendency and type of criminal charges against the respondent;

(5) the history and severity of abuse in the relationship between the respondent and any person eligible for relief;

(6) the existence of alternative housing for the respondent and any person eligible for relief; and

(7) the financial resources of the respondent and the person eligible for relief.

§ 4-506 (i) – Service.    (1) A copy of the final protective order shall be served on the petitioner, the respondent, any affected person eligible for relief, the appropriate law enforcement agency, and any other person the judge determines is appropriate, in open court or, if the person is not present at the final protective order hearing, by first-class mail to the person’s last known address.(2) A copy of the final protective order served on the respondent in accordance with paragraph (1) of this subsection constitutes actual notice to the respondent of the contents of the final protective order. Service is complete upon mailing
§ 4-506 (j) – Duration.    (1) Except as provided in paragraphs (2) and (3) of this subsection, all relief granted in a final protective order shall be effective for the period stated in the order, not to exceed 1 year.(2) 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.

(3) A subsequent circuit court order pertaining to any of the provisions included in the final protective order shall supersede those provisions in the final protective order

§ 4-506 (k) – Final protective order.    (1) Notwithstanding any other provision of this section, the court shall issue a new final protective order against an individual if:(i) the individual was previously a respondent under this subtitle against whom a final protective order was issued;

(ii) the individual was convicted and served a term of imprisonment of at least 5 years under § 2-205, § 2-206, § 3-202, § 3-303, § 3-304, § 3-305, § 3-306, § 3-309, § 3-310, § 3-311, or § 3-312 of the Criminal Law Article for the act of abuse that led to the issuance of the final protective order; and

(iii) the victim of the abuse who was the person eligible for relief in the original final protective order requests the issuance of a new final protective order.

(2) In a final protective order issued under this subsection, the court may grant only the relief that was granted in the original protective order under subsection (d)(1) or (2) of this section.

(3) Unless terminated at the request of the victim, a final protective order issued under this subsection shall be permanent

Protective Order In Montgomery Maryland

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Sanctions Violating Protective Order Montgomery Maryland Law 4-508

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Sanctions For Violating Protective Order Montgomery – Maryland Lawyers

What is required for Sanctions For Violating Protective Order in Montgomery Maryland.

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Sanctions For Violating Protective Order In Montgomery Maryland

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MONTGOMERY MARYLAND LAWYERS SANCTIONS FOR VIOLATING ORDER – STATUTE:

Md. FAMILY LAW Code Ann. § 4-508

Sanctions for violating order

(a) In general. — An interim protective order, temporary protective order, and final protective order issued under this subtitle shall state that a violation of the order may result in:

(1) criminal prosecution; and

(2) imprisonment or fine or both.

(b) Contempt. — A temporary protective order and final protective order issued under this subtitle shall state that a violation of the order may result in a finding of contempt.

MONTGOMERY MARYLAND LAWYERS SANCTIONS FOR VIOLATING ORDER:

Md. FAMILY LAW Code Ann. § 4-508  Sanctions for violating order Description
 § 4-508 (a) – In general An interim protective order, temporary protective order, and final protective order issued under this subtitle shall state that a violation of the order may result in:(1) criminal prosecution; and

(2) imprisonment or fine or both

§ 4-508 (b) – Contempt A temporary protective order and final protective order issued under this subtitle shall state that a violation of the order may result in a finding of contempt.

Sanctions For Violating Protective Order In Montgomery Maryland
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Violating Protective Order Montgomery Maryland Law 4-509 Penalties

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Violating Protective Order Penalties Montgomery – Maryland Lawyers

What is required for Violating Protective Order/Penalties in Montgomery Maryland.

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Violating Protective Order/Penalties In Montgomery Maryland

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MONTGOMERY MARYLAND LAWYERS PENALTIES – STATUTE:

Md. FAMILY LAW Code Ann. § 4-509

Penalties

(a) In general. — A person who fails to comply with the relief granted in an interim protective order under § 4-504.1(c)(1), (2), (3), (4)(i), (7), or (8) of this subtitle, a temporary protective order under § 4-505(a)(2)(i), (ii), (iii), (iv), (v), or (viii) of this subtitle, or a final protective order under § 4-506(d)(1), (2), (3), (4), or (5), or (f) of this subtitle is guilty of a misdemeanor and on conviction is subject, for each offense, to:

(1) for a first offense, a fine not exceeding $ 1,000 or imprisonment not exceeding 90 days or both; and

(2) for a second or subsequent offense, a fine not exceeding $ 2,500 or imprisonment not exceeding 1 year or both.

(b) Arrest. — An officer shall arrest with or without a warrant and take into custody a person who the officer has probable cause to believe is in violation of an interim, temporary, or final protective order in effect at the time of the violation.

MONTGOMERY MARYLAND LAWYERS PENALTIES:

Md. FAMILY LAW Code Ann. § 4-509  Penalties Description Penalties
§ 4-509 (a) – In general A person who fails to comply with the relief granted in an interim protective order under § 4-504.1(c)(1), (2), (3), (4)(i), (7), or (8) of this subtitle, a temporary protective order under § 4-505(a)(2)(i), (ii), (iii), (iv), (v), or (viii) of this subtitle, or a final protective order under § 4-506(d)(1), (2), (3), (4), or (5), or (f) of this subtitle is guilty of a misdemeanor Conviction for first offense  A fine not exceeding $ 1,000 or imprisonment not exceeding 90 days or both
Conviction for second or subsequent offense A fine not exceeding $ 2,500 or imprisonment not exceeding 1 year or both.
§ 4-509 (b) Arrest An officer shall arrest with or without a warrant and take into custody a person who the officer has probable cause to believe is in violation of an interim, temporary, or final protective order in effect at the time of the violation

Violating Protective Order/Penalties In Montgomery Maryland

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Limited Divorce Montgomery Maryland Law 7-102

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Limited Divorce Montgomery – Maryland Lawyers

What is required for Limited Divorce in Montgomery Maryland.

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Limited Divorce In Montgomery Maryland

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MONTGOMERY MARYLAND LAWYERS LIMITED DIVORCE – STATUTE:

Md. FAMILY LAW Code Ann. § 7-102

Limited divorce

(a) Grounds for limited divorce. — The court may decree a limited divorce on the following grounds:

(1) cruelty of treatment of the complaining party or of a minor child of the complaining party;

(2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;

(3) desertion; or

(4) voluntary separation, if:

(i) the parties are living separate and apart without cohabitation; and

(ii) there is no reasonable expectation of reconciliation.

(b) Attempts at reconciliation. — As a condition precedent to granting a decree of limited divorce, the court may:

(1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and

(2) assess the costs of any efforts to achieve reconciliation that the court prescribes.

(c) Time during which decree is effective. — The court may decree a divorce under this section for a limited time or for an indefinite time.

(d) Revocation of decree. — The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties.

(e) Decree of limited divorce on prayer for absolute divorce. –
If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.

MONTGOMERY MARYLAND LAWYERS LIMITED DIVORCE:

Md. FAMILY LAW Code Ann. § 7-102 Limited divorce

Description

§ 7-102(a) – Grounds for limited divorce.

The court may decree a limited divorce on the following grounds:(1) cruelty of treatment of the complaining party or of a minor child of the complaining party;(2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;

(3) desertion; or

(4) voluntary separation, if:

(i) the parties are living separate and apart without cohabitation; and

(ii) there is no reasonable expectation of reconciliation

§ 7-102(b) – Attempts at reconciliation. As a condition precedent to granting a decree of limited divorce, the court may:(1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and(2) assess the costs of any efforts to achieve reconciliation that the court prescribes
§ 7-102(c) – Time during which decree is effective. The court may decree a divorce under this section for a limited time or for an indefinite time
§ 7-102(d) – Revocation of decree. The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties.
§ 7-102(e) – Decree of limited divorce on prayer for absolute divorce. If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.

Limited Divorce In Montgomery Maryland

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Protective Order Montgomery Maryland Law 7-103.1

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Protective Order Montgomery – Maryland Lawyers

What is required for Protective Order in Montgomery Maryland.

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Protective Order In Montgomery Maryland

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MONTGOMERY MARYLAND LAWYERS- PROTECTIVE ORDERS STATUTE:

Md. FAMILY LAW Code Ann. § 7-103.1

§ 7-103.1. Protective orders

(a) Inadmissible evidence. — An order or decision in a proceeding under Title 4, Subtitle 5 of this article is inadmissible as evidence in a proceeding under this title.

(b) Compliance not grounds. — In a proceeding under this title, a court may not consider compliance with an order issued under Title 4, Subtitle 5 of this article as grounds for granting a decree of limited or absolute divorce.

MONTGOMERY MARYLAND LAWYERS- PROTECTIVE ORDERS:

Md. FAMILY LAW Code Ann. § 7-103.1 Description
 Protective orders (a) Inadmissible evidence. — An order or decision in a proceeding under Title 4, Subtitle 5 of this article is inadmissible as evidence in a proceeding under this title. 
(b) Compliance not grounds. — In a proceeding under this title, a court may not consider compliance with an order issued under Title 4, Subtitle 5 of this article as grounds for granting a decree of limited or absolute divorce. 

Protective Order In Montgomery Maryland

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Denial Custody Abuse Neglect Montgomery Maryland Law 9-101

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Denial Of Custody Or Visitation On Basis Of Likely Abuse Or Neglect Montgomery – Maryland Lawyers

What is required for Denial Of Custody Or Visitation On Basis Of Likely Abuse Or Neglect in Montgomery, Maryland.

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Denial Of Custody Or Visitation On Basis Of Likely Abuse Or Neglect In Montgomery, Maryland

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MARYLAND LAWYERS- DENIAL OF CUSTODY OR VISITATION ON BASIS OF LIKELY ABUSE OR NEGLECT STATUTE:

Md. FAMILY LAW Code Ann. § 9-101

§ 9-101. Denial of custody or visitation on basis of likely abuse or neglect

(a) Determination by court. — In any custody or visitation proceeding, if the court has reasonable grounds to believe that a child has been abused or neglected by a party to the proceeding, the court shall determine whether abuse or neglect is likely to occur if custody or visitation rights are granted to the party.

(b) Specific finding required. — Unless the court specifically finds that there is no likelihood of further child abuse or neglect by the party, the court shall deny custody or visitation rights to that party, except that the court may approve a supervised visitation arrangement that assures the safety and the physiological, psychological, and emotional well-being of the child.

MARYLAND LAWYERS- DENIAL OF CUSTODY OR VISITATION ON BASIS OF LIKELY ABUSE OR NEGLECT:

Md. FAMILY LAW Code Ann. § 9-101

Description

Denial of custody or visitation on basis of likely abuse or neglect (a) Determination by court. — In any custody or visitation proceeding, if the court has reasonable grounds to believe that a child has been abused or neglected by a party to the proceeding, the court shall determine whether abuse or neglect is likely to occur if custody or visitation rights are granted to the party. 
(b) Specific finding required. — Unless the court specifically finds that there is no likelihood of further child abuse or neglect by the party, the court shall deny custody or visitation rights to that party, except that the court may approve a supervised visitation arrangement that assures the safety and the physiological, psychological, and emotional well-being of the child.

Denial Of Custody Or Visitation On Basis Of Likely Abuse Or Neglect In Montgomery, Maryland

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