Article - Family Law
§4–501.
(a) In this subtitle
the following words have the meanings indicated.
(b) (1) “Abuse”
means any of the following acts:
(i) an act that
causes serious bodily harm;
(ii) an act that
places a person eligible for relief in fear of imminent serious bodily
harm;
(iii) assault in
any degree;
(iv) rape or sexual
offense under §§ 3-303 through 3-308 of the Criminal Law
Article or attempted rape or sexual offense in any degree;
(v) false imprisonment;
or
(vi) stalking under §
3-802 of the Criminal Law Article.
(2) If the person
for whom relief is sought is a child, “abuse” may also
include abuse of a child, as defined in Title 5, Subtitle 7 of this
article. Nothing in this subtitle shall be construed to prohibit reasonable
punishment, including reasonable corporal punishment, in light of
the age and condition of the child, from being performed by a parent
or stepparent of the child.
(3) If the person
for whom relief is sought is a vulnerable adult, “abuse”
may also include abuse of a vulnerable adult, as defined in Title
14, Subtitle 1 of this article.
(c) “Child
care provider” means a person that provides supervision and
care for a minor child.
(d) “Cohabitant”
means a person who has had a sexual relationship with the respondent
and resided with the respondent in the home for a period of at least
90 days within 1 year before the filing of the petition.
(e) “Commissioner”
means a District Court Commissioner appointed in accordance with Article
IV, § 41G of the Maryland Constitution.
(f) “Court”
means the District Court or a circuit court in this State.
(g) “Emergency
family maintenance” means a monetary award given to or for a
person eligible for relief to whom the respondent has a duty of support
under this article based on:
(1) the financial
needs of the person eligible for relief; and
(2) the resources
available to the person eligible for relief and the respondent.
(h) “Final
protective order” means a protective order issued under §
4-506 of this subtitle.
(i) “Home”
means the property in this State that:
(1) is the principal
residence of a person eligible for relief; and
(2) is owned, rented,
or leased by the person eligible for relief or respondent or, in a
petition alleging child abuse or abuse of a vulnerable adult, an adult
living in the home at the time of a proceeding under this subtitle.
(j) “Interim
protective order” means an order that a Commissioner issues
under this subtitle pending a hearing by a judge on a petition.
(k) “Local
department” means the local department that has jurisdiction
in the county:
(1) where the home
is located; or
(2) if different,
where the abuse is alleged to have taken place.
(l) “Person
eligible for relief” includes:
(1) the current
or former spouse of the respondent;
(2) a cohabitant
of the respondent;
(3) a person related
to the respondent by blood, marriage, or adoption;
(4) a parent, stepparent,
child, or stepchild of the respondent or the person eligible for relief
who resides or resided with the respondent or person eligible for
relief for at least 90 days within 1 year before the filing of the
petition;
(5) a vulnerable
adult; or
(6) an individual
who has a child in common with the respondent.
(m) (1) “Petitioner”
means an individual who files a petition.
(2) “Petitioner”
includes:
(i) a person eligible
for relief; or
(ii) the following
persons who may seek relief from abuse on behalf of a minor or vulnerable
adult:
1. the State’s
Attorney for the county where the child or vulnerable adult lives,
or, if different, where the abuse is alleged to have taken place;
2. the department
of social services that has jurisdiction in the county where the child
or vulnerable adult lives, or, if different, where the abuse is alleged
to have taken place;
3. a person related
to the child or vulnerable adult by blood, marriage, or adoption;
or
4. an adult who
resides in the home.
(n) “Residence”
includes the yard, grounds, outbuildings, and common areas surrounding
the residence.
(o) “Respondent”
means the person alleged in the petition to have committed the abuse.
(p) “Temporary
protective order” means a protective order issued under §
4-505 of this subtitle.
(q) “Victim”
includes a person eligible for relief.
(r) “Vulnerable
adult” has the meaning provided in § 14-101(q) of this
article.