Euphoric Fatigue (euphoricfatigue) wrote,
Euphoric Fatigue

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orders of protection and sargeant doofus.

i just got off the phone with a sargeant.

i'll call him "sargeant doofus"....

he stated to me that i didn't NEED an order of protection....

but he is not the judge or anything, he is just the person in charge of having the order or temporary order served.

this is what the statute is:

§ 4-501. Definitions.

(a) In general.- In this subtitle the following words have
the meanings indicated.

(b) Abuse.-

(1) "Abuse" means any of the
following acts:

(i) an act that causes serious
bodily harm;
(ii) an act that places a person eligible for relief in fear of
imminent serious bodily harm;
(iii) assault in any degree;
(iv) rape or
sexual offense under §§ 3-303 through 3-308 of the Criminal Law Article or
attempted rape or sexual offense in any degree; or
(v) false imprisonment.

(2) If the person for whom
relief is sought is a child, "abuse" may also include abuse of a child, as
defined in Title 5, Subtitle 7 of this article. Nothing in this subtitle shall
be construed to prohibit reasonable punishment, including reasonable corporal
punishment, in light of the age and condition of the child, from being performed
by a parent or stepparent of the child.

(3) If the person for whom
relief is sought is a vulnerable adult, "abuse" may also include abuse of a
vulnerable adult, as defined in Title 14, Subtitle 1 of this article.

(c) Child care
"Child care provider" means a person that provides supervision
and care for a minor child.

(d) Cohabitant.- "Cohabitant" means a
person who has had a sexual relationship with the respondent and resided with
the respondent in the home for a period of at least 90 days within 1 year before
the filing of the petition.

(e) Commissioner.- "Commissioner"
means a District Court Commissioner appointed in accordance with Article IV, §
41G of the Maryland Constitution.

(f) Court.- "Court" means the
District Court or a circuit court in this State.

doesn't it say "an act that causes serious bodily harm" and "an act that places a person eligible for relief in fear of imminent bodily harm"? what is assault and being burned 38 %? that's not serious? a week in icu and a week in severe pain is not "serious bodily harm"?
Tags: domestic violence
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