As we have previously stated the new same sex marriage law will not only allow those in same sex relationship to now marry, but also to divorce, and will affect many other areas of family law. While those in same sex relationships may have been able to obtain a protective order previously, there may be some changes to the process for them.
A protective order can be awarded to only specified individuals, termed “persons eligible for relief.” To be a person eligible for relief one must be: the current or former spouse of the respondent; a cohabitant of the respondent; a relative of the respondent by blood, marriage or adoption; or 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 Maryland Code, Family Law 4-501. While the same-sex couples did qualify under the cohabitant category previously, they, along with all others alleging to be cohabitants, had to prove they both had a sexual relationship with the respondent and resided in the same home for at least 90 days within one year of filing the petition. This may have required same sex couples to admit to sodomy, which remains a crime in Maryland. Now, those same sex couples who are married will fall under the current or former spouse category and will no longer have to prove the sexual relationship.
There are three potential stages to obtaining a protective order. First, is the Interim Protective Order, which allows for domestic violence protective orders to be available 24 hours a day, 7 days a week. District Court Commissioners are available at any hour of the day and can issue an interim protective order if there is “reasonable grounds to believe” that the alleged abuser (the Respondent) has abused the person eligible for relief. This protective order lasts for up to 48 hours after the courts re-open, after which the individual seeking protection (the Petitioner) must seek a temporary protective order to extend the interim order.
Continue reading →