Family Law - Permanent Protective Orders - Consent
Summary
SB721 amends Maryland family law governing permanent protective orders. Under current law, a court must issue a permanent protective order in certain circumstances involving prior protective orders and serious abuse-related convictions. This bill adds a new basis for issuance: the court must issue a permanent protective order if the individual against whom the order is sought consents to it. The bill keeps the existing requirement that, in the other qualifying scenarios, the victim or person eligible for relief must request the permanent order.
The measure also limits the relief available in a permanent protective order to the same types of relief that could have been granted in the original protective order. A permanent order issued under this section remains permanent unless the victim requests termination. The act takes effect October 1, 2025.
Impact
SB721 amends Section 4-506(k) of the Maryland Family Law Article to expand the circumstances under which a court must issue a permanent protective order, adding respondent consent as an independent trigger. It affects courts handling domestic violence and abuse-related protective order cases, as well as victims, respondents, and attorneys involved in protective order proceedings. The bill does not broaden the scope of relief available in a permanent order, but it does make permanent orders easier to obtain when the respondent agrees.
Sentiment
The bill appears to have received strong bipartisan support and little visible opposition. It passed the Senate 47-0 and the House 130-0, indicating broad agreement on the policy change. No committee transcript was provided, so the available record suggests a generally favorable and uncontroversial reception.
Contention
The main policy issue is whether a respondent should be allowed to consent to a permanent protective order, since permanent orders can carry significant legal and practical consequences. Supporters likely view the change as a way to streamline cases and allow parties to resolve protective order matters by agreement, while preserving victim control because the order still remains terminable at the victim’s request. Any concern would center on ensuring consent is voluntary and informed, but no recorded opposition or debate is available in the provided materials.