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Committee amends protective‑order timing to 14 days after issuance, not service, amid judicial‑practice concerns

April 08, 2026 | Judicial Proceedings Committee, SENATE, SENATE, Committees, Legislative, Maryland


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Committee amends protective‑order timing to 14 days after issuance, not service, amid judicial‑practice concerns
Committee members debated for more than an hour whether language in House Bill 497 should measure the hearing deadline from the "service" of a temporary protective order (TPO) or from its "issuance." Lawmakers and counsel said judges routinely set the final hearing date at the time the TPO is issued, but service can be delayed; counting from service can therefore leave petitioners with little‑to‑no effective duration of the protective order. Several senators argued that the statute should be explicit and count from issuance to avoid inconsistent practices across jurisdictions.

After discussion about the policy tradeoffs — protecting respondents’ due‑process rights while ensuring petitioners have meaningful protection — the committee adopted an amendment substituting "issuance" for "service" in the relevant statutory lines, making the final protective order hearing due no later than 14 days after the TPO is issued. The amended House bill passed unanimously and the committee then conformed Senate Bill 433 to the House posture.

Members said the change aims to standardize practice across courts and reduce instances in which late service shortens the effective period of a TPO; counsel noted the language can be further refined if necessary as the bills proceed.

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