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Maryland Code, Courts and Judicial Proceedings § 3-1503

Current as of January 01, 2025 | Updated by Findlaw Staff

(a)(1) A petitioner may seek relief under this subtitle by filing with the court, or with a commissioner under the circumstances specified in § 3-1503.1(a) of this subtitle, a petition that alleges the commission of any of the following acts against the petitioner, or any of the following acts against the petitioner's employee at the employee's workplace, by the respondent, if the act occurred within 30 days before the filing of the petition:

(i) An act that causes serious bodily harm;

(ii) An act that places the petitioner or the petitioner's employee in fear of imminent serious bodily harm;

(iii) Assault in any degree;

(iv) False imprisonment;

(v) Harassment under § 3-803 of the Criminal Law Article;

(vi) Stalking under § 3-802 of the Criminal Law Article;

(vii) Trespass under Title 6, Subtitle 4 of the Criminal Law Article;

(viii) Malicious destruction of property under § 6-301 of the Criminal Law Article;

(ix) Misuse of telephone facilities and equipment under § 3-804 of the Criminal Law Article;

(x) Misuse of electronic communication or interactive computer service under § 3-805 of the Criminal Law Article;

(xi) Revenge porn under § 3-809 of the Criminal Law Article; or

(xii) Visual surveillance under § 3-901, § 3-902, or § 3-903 of the Criminal Law Article.

(2) A petition may be filed under this subtitle if:

(i) The act described in paragraph (1) of this subsection is alleged to have occurred in the State; or

(ii) The petitioner or the petitioner's employee is a resident of the State, regardless of whether the act described in paragraph (1) of this subsection is alleged to have occurred in the State.

(b) The petition shall:

(1) Be under oath and provide notice to the petitioner that an individual who knowingly provides false information in the petition is guilty of a misdemeanor and on conviction is subject to the penalties specified in subsection (d) of this section;

(2) Subject to the provisions of subsection (c) of this section, contain the address of the petitioner or the petitioner's employee; and

(3) Include all information known to the petitioner of:

(i) The nature and extent of the act specified in subsection (a) of this section for which the relief is being sought, including information known to the petitioner concerning previous harm or injury resulting from an act specified in subsection (a) of this section by the respondent;

(ii) Each previous and pending action between the parties in any court; and

(iii) The whereabouts of the respondent.

(c) If, in a proceeding under this subtitle, a petitioner or a petitioner's employee alleges, and the commissioner or judge finds, that the disclosure of the address of the petitioner or the petitioner's employee would risk further harm to the petitioner or the petitioner's employee, that address may be stricken from the petition and omitted from all other documents filed with the commissioner or filed with, or transferred to, a court.

(d) An individual who knowingly provides false information in a petition filed under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both.

(e)(1) An employer shall notify an employee before an employer files a petition under this subtitle.

(2) An employer may not retaliate against an employee who does not provide information for or testify at a proceeding under this subtitle.

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Cite this article: FindLaw.com - Maryland Code, Courts and Judicial Proceedings § 3-1503 - last updated January 01, 2025 | https://codes.findlaw.com/md/courts-and-judicial-proceedings/md-code-cts-and-jud-pro-sect-3-1503/

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