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Rule 9-306 – Final Protective Order Hearing-Waiver of Petitioners Presence if Respondent Not Served

May 13, 2021 | Family Law, Maryland

(a)Scope of Rule. This Rule applies when (1) the court has entered a temporary protective order pursuant to Code, Family Law Article, § 4-505, (2) the court has scheduled a hearing to consider a final protective order pursuant to Code, Family Law Article, § 4-506, (3) the respondent does not appear at the hearing due to lack of service of the temporary protective order and notice of the hearing, and (4) pursuant to Code, Family Law Article, § 4-505(c), the court extends the temporary protective order pending service on the respondent.
(b)Presence of Petitioner. The petitioner shall appear at the first scheduled hearing to consider a final protective order and, unless the petitioner’s presence is waived pursuant to section (d) of this Rule, at each final protective order hearing scheduled thereafter.
(c) Request for Waiver of Presence by Petitioner. At the first hearing scheduled to consider a final protective order or at any time thereafter prior to service on the respondent, the petitioner may request a waiver of the petitioner’s presence at any final protective order hearings scheduled for a date prior to the date on which the respondent is served with the temporary protective order and notice of the hearing. The request for waiver shall be on a form prepared by the Administrative Office of the Courts and available in the clerks’ offices and on the Judiciary website.
(d)Action by Court.

(1) By Order entered pursuant to this section, the court shall grant a properly filed request for waiver and excuse the petitioner’s presence at final protective order hearings scheduled for a date prior to the date on which the respondent is served.
(2) The Order shall:

(A) require the petitioner to register with the VINE Protective Order Service Program;

Committee note: The VINE Protective Order Service Program is an electronic notification system operated by the Governor’s Office of Crime Control and Prevention and the State Board of Victim Services that, by telephone or e-mail, advises registrants of service of protective orders on respondents.

(B) advise the petitioner to confirm the date of the final protective order hearing by contacting the court promptly after being notified that the respondent was served;
(C) require that the clerk promptly mail extended temporary protective orders to the petitioner; and
(D) include notice to the petitioner of the consequences of non-compliance by the petitioner with the requirements in the Order.
(3) If the court has entered an order under subsection (d)(2) of this Rule, the court, on its own initiative, may excuse a petitioner’s non-appearance at a final protective order hearing occurring after service on the respondent and continue or postpone the hearing if the court finds that service on the respondent was so recent that the petitioner may not have been aware of the service.

Committee note: Code, Family Law Article, § 4-505(c) provides that a temporary protective order is not effective for more than seven days after service. It is not uncommon, therefore, for the court, when faced with non-service on the respondent, to reschedule the final protective order hearing every seven days. If service is made on the respondent shortly before the next scheduled hearing, the petitioner may not have received notice, even under VINE, that the respondent was served and thus be unaware that petitioner?s presence at the hearing is required. The Committee?s intent is that subsection (d)(3) of this Rule be reasonably, but liberally construed. Subsection (d)(3) is not intended to limit or restrict the authority of the court to continue or postpone the hearing for other reasons.

Md. Fam. Law. Actions. 9-306

This Rule is new.

Adopted March 2, 2015, eff. July 1, 2015.