Md. Code Ann., Fam. Law § 4-501
Definitions
Effective Oct 1, 2025Added by Acts 2001, c. 10, § 3, eff. Oct. 1, 2001. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2002, c. 235, §§ 2, 3, eff. Dec. 18, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2005, c. 233, § 1, eff. July 1, 2005; Acts 2005, c. 367, § 1, eff. Oct. 1, 2005; Acts 2005, c. 464, § 3, eff. Jan. 1, 2006; Acts 2011, c. 283, § 1, eff. Oct. 1, 2011; Acts 2011, c. 284, § 1, eff. Oct. 1, 2011; Acts 2011, c. 356, § 1, eff. July 1, 2011; Acts 2012, c. 554, § 1, eff. Oct. 1, 2012; Acts 2012, c. 555, § 1, eff. Oct. 1, 2012; Acts 2015, c. 354, § 1, eff. Oct. 1, 2015; Acts 2018, c. 501, § 1, eff. Oct. 1, 2018; Acts 2019, c. 8, § 1, eff. March 27, 2019; Acts 2020, c. 11, § 1, eff. March 7, 2020; Acts 2020, c. 132, § 1, eff. Oct. 1, 2020; Acts 2020, c. 133, § 1, eff. Oct. 1, 2020; Acts 2020, c. 357, § 1, eff. Oct. 1, 2020; Acts 2020, c. 358, § 1, eff. Oct. 1, 2020; Acts 2020, c. 628, § 1, eff. May 8, 2020; Acts 2021, c. 109, § 5; Acts 2024, c. 1, § 1, eff. May 1, 2024; Acts 2025, c. 530, § 1, eff. Oct. 1, 2025; Acts 2025, c. 531, § 1, eff. Oct. 1, 2025.State of Maryland
- (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, § 3-304, § 3-307, or § 3-308 of the Criminal Law Article or attempted rape or sexual offense in any degree;
- (v) false imprisonment;
- (vi) stalking under § 3-802 of the Criminal Law Article; or
- (vii) revenge porn under § 3-809 of the Criminal Law Article.
(2)
- (i) 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.
- (ii) 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) “Executive Director” means the Executive Director of the Governor's Office of Crime Prevention and Policy.
- (i) “Final protective order” means a protective order issued under § 4-506 of this subtitle.
(j) “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.
- (k) “Interim protective order” means an order that a Commissioner issues under this subtitle pending a hearing by a judge on a petition.
(l) “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.
(m) “Military protection order” means a protection order issued in accordance with 10 U.S.C. § 1567 by a commanding officer against a person under such officer's command in:
- (1) any branch of the uniformed services of the United States;
- (2) the Maryland National Guard; or
- (3) the national guard of any other state.
(n) “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;
- (6) an individual who has a child in common with the respondent;
- (7) an individual who has had a sexual relationship with the respondent within 1 year before the filing of the petition; and
(8) an individual who alleges that the respondent committed, within 6 months before the filing of the petition, any of the following acts against the individual:
- (i) rape or a sexual offense under § 3-303, § 3-304, § 3-307, or § 3-308 of the Criminal Law Article; or
- (ii) attempted rape or sexual offense in any degree.
(o)
- (1) “Pet” means a domesticated animal.
- (2) “Pet” does not include livestock.
(p)
- (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; and
- 4. an adult who resides in the home.
- (q) “Residence” includes the yard, grounds, outbuildings, and common areas surrounding the residence.
- (r) “Respondent” means the person alleged in the petition to have committed the abuse.
- (s) “Temporary protective order” means a protective order issued under § 4-505 of this subtitle.
- (t) “Victim” includes a person eligible for relief.
- (u) “Vulnerable adult” has the meaning provided in § 14-101(q) of this article.
Added by Acts 2001, c. 10, § 3, eff. Oct. 1, 2001. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2002, c. 235, §§ 2, 3, eff. Dec. 18, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2005, c. 233, § 1, eff. July 1, 2005; Acts 2005, c. 367, § 1, eff. Oct. 1, 2005; Acts 2005, c. 464, § 3, eff. Jan. 1, 2006; Acts 2011, c. 283, § 1, eff. Oct. 1, 2011; Acts 2011, c. 284, § 1, eff. Oct. 1, 2011; Acts 2011, c. 356, § 1, eff. July 1, 2011; Acts 2012, c. 554, § 1, eff. Oct. 1, 2012; Acts 2012, c. 555, § 1, eff. Oct. 1, 2012; Acts 2015, c. 354, § 1, eff. Oct. 1, 2015; Acts 2018, c. 501, § 1, eff. Oct. 1, 2018; Acts 2019, c. 8, § 1, eff. March 27, 2019; Acts 2020, c. 11, § 1, eff. March 7, 2020; Acts 2020, c. 132, § 1, eff. Oct. 1, 2020; Acts 2020, c. 133, § 1, eff. Oct. 1, 2020; Acts 2020, c. 357, § 1, eff. Oct. 1, 2020; Acts 2020, c. 358, § 1, eff. Oct. 1, 2020; Acts 2020, c. 628, § 1, eff. May 8, 2020; Acts 2021, c. 109, § 5; Acts 2024, c. 1, § 1, eff. May 1, 2024; Acts 2025, c. 530, § 1, eff. Oct. 1, 2025; Acts 2025, c. 531, § 1, eff. Oct. 1, 2025.