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Review – Civil Protection Order

Review – Civil Protection Order. Threshold Questions A. Is Petitioner a PEFR? B. Has Abuse Occurred? Two (Maybe Three) Stage Process A. Interim/Temporary Hearing 1. Ex Parte 2. Limited Relief 3. Short Duration. CPO Hearing 1. Notice to Respondent Required

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Review – Civil Protection Order

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  1. Review – Civil Protection Order • Threshold Questions A. Is Petitioner a PEFR? B. Has Abuse Occurred? • Two (Maybe Three) Stage Process A. Interim/Temporary Hearing 1. Ex Parte 2. Limited Relief 3. Short Duration

  2. CPO Hearing 1. Notice to Respondent Required 2. Relief Available Includes: a) Injunctive – “stay away” orders b) Vacate order – threshold requirements and discretionary factors c) Custody and visitation d) EFM – only if spouse/child in common 3. Duration – up to 12 months

  3. Problem 3 – Steve and Janet • Can the court grant mutual orders of protection? 1) 4-506(c)(2) – Steve hasn’t filed petition 2) 4-506(c)(3)(ii)(2) – Janet: self- defense

  4. What remedies are available under the statute to make visitation orders safe? 4-506(d)(8) – visitation can be supervised or restricted as to time, place and duration

  5. How do you change terms of emergency family maintenance order? 1) 4-507(a) – Motion to modify (substantial change in circumstances?) 2) 4-507(b) – Appeal available (but ct. has wide discretion on amt. of EFM 4-501(f); 4-506(d)(9))

  6. What happens if Steve doesn’t pay EFM? 1) wage withholding 4-506(d)(9) 2) crim. pros.; contempt 4-508(a)&(b)

  7. DIVORCE Part I February 5, 2004

  8. Late 18th Century Late 19th Century Late 1960’s Divorce uncommon Divorce rates rising Breakdown of fault-based system North – Jud. Div. avail. But not common Jud. Div. widely available on fault grounds only Beginning of no-fault divorce in California South – Annul./Legal Separation Rare – Absolute Div – by legislative action Historical Overview of Divorce in U.S.

  9. From Late 19th Century – 1960’s Typical Divorce Statutes: 1) Judicial remedy 2) Adversarial proceeding 3) Reserved for innocent spouse against guilty spouse

  10. Fault-based model until late 1960’sWhy did it break down? • Collusion/perjury • Highly discretionary • Litigation focused on establishing fault – waste resources • Unilateral fault – not consistent with married life

  11. “No-Fault Revolution”Late 1960’s – Mid 1980’s “Pure” No-Fault Mixed fault/no-fault Unilateral divorce No-fault by consent only (vol.separation) No waiting period Or unilateral divorce with long waiting period

  12. Maryland Divorce GroundsMixed Fault/No-Fault Limited (7-102) Absolute (7-103) FaultFault Adultery Cruelty/Excessively Vicious Cruelty/Excessively Vicious Conduct to spouse or child Conduct to spouse or child Desertion – actual or constructive Desertion – actual or constructive – sep for 12 months Insanity Conviction of a crime

  13. Md Divorce Grounds – cont’d Limited (7-102) Absolute (7-103) No FaultNo Fault Voluntary separation Voluntary separation – 12 mos. 2 year separation

  14. Defenses to Divorce • Reconciliation • Recrimination • Condonation Fault Era – bar to divorce No-Fault Era – factor but not bar

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