Rule 3-731 - Peace Orders(a) Generally. Proceedings for a Peace Order are governed by Code, Courts Article Title 3, Subitle 15.(b) Form of Petition. A petition for relief under the statute shall be substantially in the form approved by the State Court Administrator and the Chief Justice of the Supreme Court, posted on the Judiciary website, and available in the offices of the clerks of the District Court.(c) Service(1) Generally Service of an interim, temporary, or final peace order shall be made in accordance with Code, Courts Article, § 3-1503.1, § 3-1504, or § 3-1505, as applicable.
(2) Service on Custodial Parent In addition to the service required by subsection (c)(1) of this Rule, if a petition is filed by a non-custodial parent on behalf of a minor pursuant to Rule 3-202 (c), service of a temporary or final peace order shall be made by first-class mail by the court on the custodial parent. If a petition is filed by a guardian on behalf of a minor pursuant to Rule 3-202 (c), service of a temporary or final peace order shall be made by first-class mail by the court on each parent.
(d)Modification; Rescission; Extension. Upon the filing of a motion, a judge may modify, rescind, or extend a peace order. Modification, rescission, and extension of peace orders are governed by Code, Courts and Article § 3-1506(a). If a motion to extend a final peace order is filed before the expiration date of the peace order, and the hearing is not held by that date, the peace order shall be automatically extended until the hearing is held. The motion shall be presented to a judge forthwith. Committee Note: Although Code, Courts Article § 3-1506(a) automatically extends a peace order under certain circumstances, judges are encouraged to enter an order even when the automatic extension is applicable.
Md. R. Civ. P. Dist. Ct. 3-731
Source: This Rule is new.
Adopted Dec. 16, 1999, eff. 1/1/2000. Amended Nov. 12, 2003, eff. 1/1/2004; amended Feb. 9, 2022, eff. 4/1/2022; amended April 21, 2023, eff. 4/1/2023; amended Nov. 28, 2023, eff. 1/1/2024; amended Nov. 28, 2023, eff. 1/1/2024.HISTORICAL NOTES
2003 Orders
The November 12, 2003, order deleted references to petitions for protection; deleted references to temporary peace orders; and made a stylistic change.