Battered Spouse Program - Establishes state funding of battered spouse shelters in major population areas throughout the state.
	Protection from Domestic Violence - The first Maryland Civil Order of Protection. The law defines abuse and household members. It establishes the ex parte order and a 15-day protective order, which could include an order to refrain from abuse, a "vacate the home" order, and an order to get counseling. Possession of the family home and temporary custody of minor children could also be granted.

	Battered Spouse Program - Provides authorization for funding battered spouse shelters statewide.
	Protection from Domestic Violence - Provides a slight expansion to the Civil Order of Protection.

	Domestic Violence - Temporary Ex Parte and Ex Parte Order - Provides a slight extension in the number of days allowed to serve the Civil Order of Protection and continue the coverage provided by an ex part.
	Marriage License Fee - Allows certain counties to assess a marriage license surcharge to be used to fund domestic violence programs.

Marriage License Fee - Domestic Violence Programs - Expands the marriage license surcharge fee to include all counties; increases fee to $15.00.

	Human Resources - Battered Spouse and Homeless Women's Shelter Programs - Transfers administration of battered spouse programs to the Department of Human Resources (DHR).
	Protection from Domestic Violence - A provision to protect abused children is added to the protective order.

Protective Orders - Abuse by Household Members - Allows the court to proceed with a protective order hearing even if the abuser does not appear for it.

	Domestic Violence - Warrantless Arrest - An arrest may be made without warrant if the officer has probable cause to believe that a person battered his/her spouse and, unless arrested immediately, would flee or cause more injury. Requires that a report be made to police within two hours of the battering incident.
	Criminal Law - Harassment - Defines and provides penalties for criminal harassment.
	Marriage License Fee - Domestic Violence - Fee is increased to $25.00.

Domestic Violence - Protective Order - Expands the ex parte order from 15 to 30 days if the abuser is not served and does not appear for the protective order hearing. Also extends the protective order from 15 to 30 days.

Family Law - Domestic Violence - Household Members - Alters the definition of "household member" to include unmarried persons living together and having at least one minor child in common who is residing with the parents.

Rape and Sexual Offenses - Spousal Victims - Allows a spouse to be charged with rape and/or sexual offenses, as long as there is a written separation agreement, or the couple has lived separately for 6 months.

Domestic Violence - Warrantless Arrest - Expands warrantless arrest to include individuals living together in a domestic relationship.

	Evidence - Battered Spouse Syndrome - Expert Testimony - Allows the court to admit evidence of prior physical or psychological abuse perpetrated by a victim of murder or attempted murder upon the defendant who has been charged. Also allows the admission of expert testimony on the Battered Spouse Syndrome.
	Child Custody and Visitation - Spouse Abuse - Authorizes the court to consider evidence of abuse when determining custody and visitation.
	Domestic Violence - Protective Order - Vulnerable Adults - Expands the protective order to include vulnerable adults.

Domestic Violence - Significantly expands the Civil Order of Protection to include cohabitants, former spouses. Provides an expanded definition of abuse, an expanded "no contact" order, emergency financial assistance, and an extension of the ex parte order to 7 days, and the protection order up to 200 days.

	Stalking Penalties - Defines stalking, and makes it a misdemeanor crime. Allows for warrantless arrest under certain circumstances.
	Marriage License Fees - The fee is increased to $35.00 for certain counties.

Domestic Violence Act of 1994 - Law enforcement officers must give written notice of available services to victims of domestic violence. An officer may make a warrantless arrest if he/she has probable cause to believe that a violation of an Order has occurred, or that a battering has occurred, as long as the victim reports to police within 12 hours after the incident. Expands "victims of domestic violence" to include unmarried victims who cohabit or formerly cohabited with the batterer; this change enables these victims to receive state-funded services. In charges of marital rape, the law reduces the period of separation from 6 months to 3 months before the victim can prosecute. Allows the state to compel a spouse-victim to testify under restricted circumstances, even if the victim has asserted "spousal privilege." Adds mental injury to child abuse laws.

Domestic Violence Act of 1995 - Mandates the arrest of violators of protection orders. Eliminates filing fees for protection orders and other court fees. Discourages dual arrest of perpetrator and victim. Prohibits granting mutual protection orders unless both parties file separately and both are primary aggressors. Lengthens the time a victim can make a report of violence from 12 to 24 hours. Improves the spousal privilege provision by eliminating the "twice in one year" requirement. Increases the possible penalty for violating a protection order from 60 days to 90 days in prison. Elements of the legislation provide for compliance with federal law in order for the state to be eligible to receive federal domestic violence funds from the Violence Against Women Act.

	Enforcement of Out-of-State Protective Orders - Requires the state to enforce protective orders issued in another state or Indian tribe, as long as an authenticated copy is presented to law enforcement. Officers may make an arrest, with or without warrant, if they have probable cause to believe a person is in violation of a valid and current protective order from another state. Protective orders from other states can be entered into the Maryland Interagency Law Enforcement System.
	The Governor's Gun Violence Act of 1996 - Limits the possession of guns by domestic violence offenders. A court can order a person found guilty of domestic violence to surrender his or her firearms. Permits police officers to remove observed firearms from the scene. Prohibits the sale of firearms to a person subject to a protective order in a current domestic violence proceeding.
	Revision of the Crime of Assault - Simplifies the crime of assault by dividing it into two degrees. The maximum penalty for second degree misdemeanor assault is no more than $2,500 or 10 years imprisonment or both; for first degree felony assault, no more than 25 years imprisonment. Also, designates attempted rape and attempted sex offenses as felonies.
	Insurance for Domestic Violence Victims - Prohibits an insurer from using domestic violence information as a guideline for the amount of coverage granted in life, health, accident, or disability insurance.

	Domestic Violence - Protective Orders - Expands the maximum time a protective order can be in effect from 200 days to 12 months, with the possibility of a 6 month extension beyond that. Defines "residence" to include yard, grounds, outbuildings and common areas surrounding the residence. Enables a protection order to be served either in court or by first class mail.
	Duties of Law Enforcement Officers - Clarifies the duties of the officer who accompanies the victim to pick up his/her possessions from the residence. Enables victims to pick up necessary personal items, such as medicine or medical devices, regardless of who paid for them.
	Spousal Privilege - Prevents the spouse, who is a victim of assault, from asserting his/her marital privilege more than once. The assertion of marital privilege can not be removed from the record, even if the case is dropped.
	Manslaughter, Provocation & Adultery - Spousal adultery can no longer be used as justification to reduce a charge of murder to a charge of manslaughter.

	Family Law - Grounds for Absolute Divorce - Enables married victims of domestic violence to file immediately for absolute divorce on the grounds of "cruelty of treatment" and "excessively vicious conduct," eliminating the former one year waiting period.
	Family Law - Domestic Violence - Penalties - Increases the fine and imprisonment penalties for the misdemeanor of violating an ex parte or protective order.

	Courts & Judicial Proceedings - Peace Orders - New form of relief for anyone experiencing problems with an individual, including someone in a dating relationship, a neighbor, a stranger, etc. This no-contact order can last up to six months, with a violation resulting in arrest.
	Pretrial Release - Prohibits District Court commissioners from authorizing the pretrial release of defendants charged with violating the arrestable (no-contact) provisions of protective orders.
	Family Law - Domestic Violence - Relief - Grants courts the authority to order respondents of a protective order to stay away from child care providers.

Domestic Violence Unit Pilot Program Fund - Provides funds to local sheriff's offices and police departments to enable them to promptly enter data related to ex parte and protective orders into the Maryland Interagency Law Enforcement System (MILES).

Juvenile Law - Juvenile Court Jurisdiction - Peace Orders - Transfers jurisdiction, from the District Court to the juvenile court, over peace order proceedings in which the respondent is a child.

	Domestic Violence - Out-of-State Orders for Protection - Enforcement - Addresses the technical difficulties faced by Maryland law enforcement officers when called upon to enforce an order for protection issued by a court outside of Maryland.
	Crimes - Aggravated Cruelty to Animals - Establishes aggravated cruelty to animals as a felony.
	Victims' Rights - Conditions of Pretrial or Prehearing Release - If a victim has requested reasonable protections for safety, this legislation enables the court, juvenile intake officer, or District Court commissioner to consider as a condition of pretrial release a provision of no contact with the alleged victim or the alleged victim's home or workplace.

Interim Domestic Violence Orders and Interim Peace Orders - Empowers District Court Commissioners to issue interim civil orders of protection and peace orders when the District Court is closed. A Constitutional Amendment was approved by voters in November 2002 to expand the duties of District Court Commissioners.

	Criminal Law - Stalking - Included Acts - Changes the standard required for a conviction from proving the intent of the stalker to a "reasonable person standard." It also expands the offensive acts to include not only fear of serious bodily harm or death, but also fear of assault, rape or sexual offenses, or false imprisonment.
	Sexual Offenses - Reputation and Opinion Evidence and Evidence of Prior Sexual Conduct - Admissibility - Extends the rape shield protection for adult victims to victims under 18. This will prevent the sexual history, sexual activity or the chastity of a victim under 18 from being introduced into a trial for rape or sexual offense in the first or second degree.
	Family Law - Grounds for Absolute Divorce - Expands the ability of a spouse to file for an immediate absolute divorce on the grounds of abuse of the spouse's child.

	Spousal Defense - Adds "threat of force" to the prosecution of marital rape.
	Family Law - Property Disposition - Transfer of Family Use Personal Property - allows a judge to transfer tangible personal property to one of the parties in a divorce rather than requiring the sale of the assets or calculating a monetary award.
	Maryland Uniform Child Custody Jurisdiction and Enforcement Act - Reforms the court's jurisdiction in matters related to child custody. Clarifies and improves current law related to the jurisdiction of Maryland courts regarding domestic violence cases.
	Court Fees and Costs - Civil Cases - Maryland Legal Services Corporation Fund - Increases the filing fees for civil actions in Circuit and District Courts. Funds used to support legal services for low income clients.
	Domestic Violence - Protective Order - Penalty - Creates a mandatory arrest misdemeanor (fine and/or imprisonment) for respondents who fail to surrender firearms to a law enforcement agency when ordered by a judge in a final protective order.
	Public Safety - Task Force to Study Criminal Offender Monitoring by Global Positioning Systems - Establishes a Task Force to study the use of GPS technology to monitor criminals.

	Family Law - Local Domestic Violence Fatality Review Teams - Authorization Allows the establishment of Domestic Violence Fatality Review Teams (DVFRT) in local jurisdictions and provides immunity from civil liability so that teams can conduct confidential reviews of fatalities and serious physical injuries in domestic violence cases.
	Domestic Violence - Protective Orders - Definition of Abuse - Adds stalking to acts of abuse included in the protective order.
	Criminal Procedure - Sex Offenses - Prohibition Against Probation Before Judgment - Eliminates PBJs for attempted rape (first and second degree) and attempted sexual offense (first and second degree).
	Criminal Procedure - Sexual Crimes Involving a Minor - Term of Probation - Extends probation for certain sexual abuse or sexual offense cases involving a minor from three to six years in District Court cases and from five to ten years in Circuit Court cases.
	Criminal Procedure - Criminal Injuries Compensation Board - Eligibility for Awards - Expands eligibility for financial compensation to include victims of abuse (spouse, child, parent) of an incarcerated abuser if the abuser resided with them and provided financial support for them prior to the incarceration.

	Family Law - Property Disposition in Annulment and Divorce -Transfer of Jointly Owned Real Property - Gives courts the power to transfer title of jointly owned real property from one spouse to the other.
	Family Law - Domestic Violence - Address Confidentiality Program - Requires the Office of the Secretary of State to establish an Address Confidentiality Program for victims of domestic violence.
	Family Law - Denial of Custody or Visitation - Murder Convictions - Prohibits a court from awarding custody or visitation with a child to a parent found guilty of first or second degree murder of the other parent or a family member residing in the household.

Federal Domestic Violence Laws

It is a federal crime under VAWA:

1. To cross state lines or enter or leave Indian country and physically injure an "intimate partner." 18 U.S.C. Section 2261. Federal laws generally recognize intimate partner as a spouse, former spouse, person who shares a child in common with the victim, or a person who cohabits or who has cohabited with the victim.
2. To cross state lines to stalk or harass or to stalk or harrass within the maritime or territorial lands of the United States. 18 U.S.C. Section 2261 A.
3. To cross state lines or enter or leave Indian country and violate a qualifying Protection Order. 18 U.S.C. Section 2262.

1. To possess a firearm and/or ammunition while subject to a qualifying Protection Order. 18 U.S.C. Section 922 (g)(8).
2. To possess a firearm and/or ammunition after conviction of a qualifying misdemeanor crime of domestic violence. 18 U.S.C. Section 922 (g)(9).