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Final Protective Order Form. This is a Maryland form and can be use in Circuit-District Court Statewide.
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Tags: Final Protective Order, CC-DC-DV 3, Maryland Statewide, Circuit-District Court
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CIRCUIT COURT
DISTRICT COURT OF MARYLAND FOR
City/County
Located at
MD
Court Address
Telephone No.
Case No.
FINAL PROTECTIVE ORDER
Amended Order
PETITIONER/PLAINTIFF
First
Middle
Last
Date of Birth
and any minor(s) or minor child(ren) on whose behalf the
petition was filed. (List names and date(s) of birth.)
OTHER(S) TO BE PROTECTED:
Name
DOB
Name
DOB
Name
DOB
Name
DOB
Name
DOB
Name
DOB
VS.
RESPONDENT/DEFENDANT
RESPONDENT IDENTIFIERS
SEX
Relationship to Petitioner
Spouse
Vulnerable adult
Former Spouse
Children in Common
Cohabitant
Parent
Other relationship
EYES
HAIR
DOB
City, State, Zip
HT
WT
DISTINGUISHING FEATURES
DRIVER'S LICENSE #
Address
CAUTION:
RACE
STATE
EXPIRES
Telephone
Weapon Involved
Type
Access to Firearm(s)
VEHICLE DESCRIPTION
TAG NO.
EMPLOYER
THE COURT FINDS that under the laws of Maryland the issuing Court has jurisdiction over the parties and the subject
matter. The Respondent was given reasonable notice and an opportunity to be heard at a Protective Order Hearing.
THE COURT ORDERS:
That the above named Respondent SHALL NOT abuse, threaten to abuse, and/or harass the Protected Parties.
That the above named Respondent SHALL NOT contact the Protected Parties by any means, except as stated in this
Order.
Additional terms of the Order are as set forth in this document.
The terms of this Order shall be effective until
Month/Day/Year
Only the Court can change this Order.
NOTICE TO RESPONDENT: PENALTIES
Violation of this Order may result in criminal prosecution, imprisonment and/or fine, and contempt of court. Law
enforcement shall arrest a person whom the officer has probable cause to believe is in violation of this Order, as
required by Maryland Code, Family Law Article, § 4-508 and Criminal Procedure §2-204.1. In accordance with
Maryland Code, Family Law Article § 4-506(f), no respondent against whom a current final civil protective order has
been entered may possess any firearm. This Protective Order shall be recognized and enforced by the courts of any state,
the District of Columbia, any U.S. Territory, tribal lands (18 U.S.C. § 2265) or Department of Defense installations. (10
U.S.C. § 1561a) Crossing state, territorial, or tribal boundaries to violate this Order may result in federal imprisonment.
(18 U.S.C. § 2262)
Federal law provides penalties of up to $250,000 fine and 10 years in prison for possessing, transporting, shipping, or
receiving any firearm or ammunition while subject to a protective order or after being convicted of a misdemeanor crime
of domestic violence (18 U.S.C. § 922(g)(8)) or knowingly transferring a firearm after a conviction of a misdemeanor
crime of domestic violence (18 U.S.C. § 922(g)(9)).
Questions regarding this notice should be directed to your attorney, law enforcement agency, or the Maryland State
Police Firearms Enforcement Section at 410-290-0050.
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CC-DC/DV 3 (Rev. 10/2010)
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Date
Case No.
After the appearance of the
Petitioner
Petitioner's Counsel
Respondent
consideration of the Petition and evidence, the Court makes the following findings:
Respondent's Counsel, and in
I. Original Request
A. That
, who is a Person(s) Eligible for Relief, is:
The current spouse of the Respondent.
A former spouse of the Respondent.
A cohabitant with the Respondent.
An individual related to the Respondent by blood, marriage, or adoption
Relationship
A parent, stepparent, child or stepchild of the Respondent or a Person Eligible for Relief who resides or resided
with the Respondent or Person(s) Eligible for Relief for at least 90 days within one year before the filing of the
Petition.
A vulnerable adult.
An individual who has a child(ren) in common with the Respondent
Number of Children and Ages
Eligible for extended protection:
A Final Protective Order was issued against the respondent on behalf of this Petitioner.
The act of abuse was committed within one (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.
The prior Final Protective Order was issued for a period of at least six (6) months.
B. That the Petitioner is:
The person Eligible for Relief.
In the case of a vulnerable adult or minor child:
A State's Attorney
A local department of social services
A relative
An adult residing in the home
C.
That the Respondent consents to the entry of a protective order without a finding of abuse.
OR
There is clear and convincing evidence to believe that the Respondent committed the following act(s) of abuse:
Caused serious bodily harm
Placed Person Eligible for Relief in fear of imminent serious bodily harm
Assault in any degree
Rape or a statutory sexual offense (or attempt) in any degree
False Imprisonment
Stalking
Statutory abuse of a child ( Physical
Sexual
Mental)
Statutory abuse of a vulnerable adult
on
at
.
.
.
Date
D.
Time
Description of Harm
That the Respondent has access to firearm(s).
E. That, in the case of a request for an order to vacate the home, the Respondent and Person(s) Eligible for Relief
resided together at the time of abuse and:
Are married, or
Are not married, but
The name of a Person Eligible for Relief is on the lease or deed.
A Person Eligible for Relief has resided in the home with the Respondent for at least 90 days within the past
year.
In the case of abuse of a child or vulnerable adult, an adult other that the Respondent lives in the home.
CC-DC/DV 3 (Rev. 10/2010)
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Case No.
F.
-----------------------------------------------------------------------------------
Date -----------------------------------------------------
The Parties have agreed to waive the Temporary Protective Order hearing.
II. Permanent Protection Request (Note: Relief is restricted to that which is provided in § 4-506 (d)(1) and (d)(2)
Paragraph 2 and 3 as described below):
That in Case No.
, under this statute, this Petitioner was a victim of the abuse and a
person(s) eligible for relief and Respondent was the Respondent.
Respondent was convicted and served a term of imprisonment of at least five 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 original Final Protection Order.
III. Request for Extension not to exceed two (2) years. This Petitioner or a protected person was a victim of a
subsequent act of abuse during the active period of this order of protection.
Based on the foregoing, the Court hereby ORDERS:
1. That unless stated otherwise below, this Order is effective until
2. That the Respondent SHALL NOT abuse, threaten to abuse, and/or harass
3. That the Respondent SHALL NOT contact (in person, by telephone, in writing, or by any other means) or
attempt to contact
except to facilitate any child visitation ordered in #8 below.
. . That the Respondent SHALL NOT enter the residence of
4
at
(Residence includes yard, grounds, outbuildings, and common areas surrounding the dwelling.)
An undisclosed location for reasons of safety.
5. Respondent SHALL STAY AWAY from:
(1) School:
(2) School:
(3) School:
An undisclosed school for reasons of safety.
(1) Childcare provider
at
while
is in the care of the childcare provider.
(2) Childcare provider
at
while
An undisclosed childcare provider for reasons of safety.
is in the care of the childcare provider.
(1) Place of employment:
(2) Place of employment:
An undisclosed place of employment provider for reasons of safety.
(1) Temporary residence of
at
(2) Temporary residence of
at
An undisclosed temporary residence for reasons of safety.
(1) The home of another family member at
(2) The home of another family member at
An undisclosed home of another family member for reasons of safety.
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Case No. ------------------------------------------------------------------------------------- Date --------------------------------------------------6. That the Respondent SHALL VACATE the home immediately (home includes yard, grounds, outbuildings,
and common areas surrounding the dwelling) at
and remain away. In the meantime, use and possession of the home is granted to
The Respondent, accompanied by a law enforcement officer, may return to collect clothing and personal
necessities, only between the hours of
and
on
or
Time
Time
Date
as directed by local law enforcement.
7.
8.
Custody of
is awarded to
Custody of
is awarded to
Custody shall remain as set forth in
The children) shall primarily reside with
Case Number
Custody shall remain joint.
Law enforcement officers are ordered to use all reasonable and necessary force to return the minor
child(ren) to the custodial parent after service of this Order.
Visitation with
Name(s) of Child(ren)
is granted to
every other weekend from
every
from
(time of day) until
Name(s)
to
;
(day)
(time of day);
The following additional visitation terms also apply (eg. transportation, exchange location, name of
visitation coordinator, etc.):
Visitation shall be supervised by
9. That the Respondent SHALL PAY Emergency Family Maintenance in the amount of
every
week
2 weeks
month to
beginning
(Date) and
mail payment to the following address:
(Name)
(Name)
Emergency Family Maintenance shall be paid by way of an Earnings Withholding Order.
10. That exclusive use and possession of the vehicle described as
is granted to
11.
That the Respondent SHALL participate in and meet the requirements of the following domestic
violence and/or other professionally supervised counseling program(s):
That the Petitioner SHALL participate in and meet the requirements of the following domestic
violence and/or other professionally supervised counseling program(s):
X
That the Child(ren) SHALL participate in and meet the requirements of the following domestic
violence and/or other professionally supervised counseling program(s):
12. That the Respondent SHALL immediately surrender all firearm(s) to law enforcement agency
,
and to refrain from possession of any firearm, for the duration of this Protective Order.
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CC-DC/DV 3 (Rev. 10/2010)
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Case No.
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Date -------------------------------------------------
13. That the Respondent SHALL pay costs, including costs for out-of-state service.
14. This Order supersedes and overrides any previously entered Final Protective Order.
15. Additional Conditions:
----------------------------------------------------------------------------------------------------------------------------------------
Judge
Date
Printed Name
Each party shall be served with a copy of this Final Protective Order. The clerk shall mail additional copies to the following:
1.
3.
2.
4.
CERTIFICATION OF ISSUING JUDGE
It is certified under the laws of Maryland:
(1) The issuing court has jurisdiction over the parties and the subject matter.
(2) The Respondent was given reasonable notice and an opportunity to be heard at a Protective Order
hearing.
(3) In the case where mutual Protective Orders have been issued, the court has made a detailed finding
of fact that each party was entitled to such an order.
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--------------------------------------------------------------------------------------------------------------------
Date
Judge
Court: -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Address: -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Phone:
--------------------------------------------------------------------------------------------------------------
Fax: ----------------------------------------------------------------------------------------------------------
TRUE COPY CERTIFICATION OF FINAL PROTECTIVE ORDER
Attestation of Clerk
I, -------------------------------------------------------------------------------------- , Clerk of the Court in --------------------------------------------------------------------------------------------City/County, State of Maryland, do hereby certify that I have compared this Order with the original Order, which is on
file in my office, and that this Order is a true and correct copy of the original, and the whole thereof.
In testimony whereof, I have hereunto set my hand and affixed the
seal of said Court at
Maryland, this
----------------------------------------------------------------------------------------------
------------------------------
day of
----------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------
Attestation of Judge
I,
----------------------------------------------------------------------------------------
, Judge of the Court in
Clerk
---------------------------------------------------------------------------------------------
City/County, State of Maryland, do hereby certify that --------------------------------------------------------------------------------------------------------- , whose name
is subscribed to the foregoing certificate of attestation, now is, and/or was at the time of signing and sealing the same, a
Clerk of this Court in
-------------------------------------------------------------------------
-------------------------------------------------------------------------------------------
Date
City/County and that his/her attestation is in due form of law.
------------------------------------------------------------------------------------------------------------------
Judge
Court: --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Address: --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Phone:-------------------------------------------------------------------------------------------------- Fax: ----------------------------------------------------------------------------------------------------------------------To request a foreign language interpreter or a reasonable accommodation under the Americans with Disabilities Act,
please contact the court immediately.
CC-DC/DV 3 (Rev. 10/2010)
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