Rule 9-306.Final protective order hearing — Waiver of petitioner’s presence if respondent not served

Last amended July 1, 2015 · Current through June 1, 2026 · Last verified September 8, 2026

In one sentenceRule 9-306 lets a petitioner be excused from repeated final protective order hearings while the respondent remains unserved, on conditions including registration with the VINE notification service.

Full Text of Rule 9-306

Text sizeJump to: (a) (b) (c) (d)

(a) Scope of Rule. This Rule applies when (1) the court has entered a temporary protective order pursuant to Code, Family Law Article, § 4-505, (2) the court has scheduled a hearing to consider a final protective order pursuant to Code, Family Law Article, § 4-506, (3) the respondent does not appear at the hearing due to lack of service of the temporary protective order and notice of the hearing, and (4) pursuant to Code, Family Law Article, § 4-505(c), the court extends the temporary protective order pending service on the respondent.

(b) Presence of Petitioner. The petitioner shall appear at the first scheduled hearing to consider a final protective order and, unless the petitioner’s presence is waived pursuant to section (d) of this Rule, at each final protective order hearing scheduled thereafter.

(c) Request for Waiver of Presence by Petitioner. At the first hearing scheduled to consider a final protective order or at any time thereafter prior to service on the respondent, the petitioner may request a waiver of the petitioner’s presence at any final protective order hearings scheduled for a date prior to the date on which the respondent is served with the temporary protective order and notice of the hearing. The request for waiver shall be on a form prepared by the Administrative Office of the Courts and available in the clerks’ offices and on the Judiciary website.

(d) Action by Court.

(1) By Order entered pursuant to this section, the court shall grant a properly filed request for waiver and excuse the petitioner’s presence at final protective order hearings scheduled for a date prior to the date on which the respondent is served.

(2) The Order shall:

(A) require the petitioner to register with the VINE Protective Order Service Program;

Committee note: The VINE Protective Order Service Program is an electronic notification system operated by the Governor’s Office of Crime Control and Prevention and the State Board of Victim Services that, by telephone or e-mail, advises registrants of service of protective orders on respondents.

(B) advise the petitioner to confirm the date of the final protective order hearing by contacting the court promptly after being notified that the respondent was served;

(D) include notice to the petitioner of the consequences of non-compliance by the petitioner with the requirements in the Order.

(3) If the court has entered an order under subsection (d)(2) of this Rule, the court, on its own initiative, may excuse a petitioner’s non-appearance at a final protective order hearing occurring after service on the respondent and continue or postpone the hearing if the court finds that service on the respondent was so recent that the petitioner may not have been aware of the service.

Committee note: Code, Family Law Article, § 4-505(c) provides that a temporary protective order is not effective for more than seven days after service. It is not uncommon, therefore, for the court, when faced with non-service on the respondent, to reschedule the final protective order hearing every seven days. If service is made on the respondent shortly before the next scheduled hearing, the petitioner may not have received notice, even under VINE, that the respondent was served and thus be unaware that petitioner’s presence at the hearing is required. The Committee’s intent is that subsection (d)(3) of this Rule be reasonably, but liberally construed. Subsection (d)(3) is not intended to limit or restrict the authority of the court to continue or postpone the hearing for other reasons.

Source: This Rule is new.

End

Amendment History

Maryland publishes each rule’s adoption and amendment record as a bracketed “Credits” note beneath the rule, giving the date of each Rules Order and the date it took effect. It is reproduced verbatim below.

[Adopted March 2, 2015, eff. July 1, 2015.]

Plain-English Summary

This is the most practical rule in the chapter, and it exists because of a real hardship. A temporary protective order is not effective for more than seven days after service, as a committee note records, so when a respondent cannot be found the court reschedules the final hearing again and again — and the petitioner is expected at every one of them. Taking repeated days off work to attend a hearing that cannot go ahead is its own burden.

The rule applies where a temporary order has been entered, a final protective order hearing has been scheduled, the respondent does not appear, and service has not been made. The petitioner must attend the first scheduled final hearing. After that — or at any time before the respondent is served — the petitioner may ask to be excused from hearings scheduled for dates before service is achieved.

The court shall grant a properly filed request. The order excusing the petitioner carries four conditions. It requires the petitioner to register with the VINE Protective Order Service Program — an electronic system, a committee note explains, that tells registrants by telephone or e-mail when a protective order has been served on a respondent. It advises the petitioner to confirm the hearing date by contacting the court promptly after being notified of service. It requires the clerk to mail extended temporary protective orders to the petitioner promptly. And it must set out what happens if the petitioner does not comply.

One further protection: even after service, the court may on its own initiative excuse a petitioner's non-appearance and continue the hearing where it finds that service was made too close to the hearing date for the petitioner to have known.

Frequently Asked Questions

Do I have to attend every protective order hearing if the abuser has not been served?

You must attend the first scheduled final protective order hearing. After that, you may request a waiver of your presence at hearings scheduled for dates before the respondent is served, and the court must grant a properly filed request.

What is the VINE Protective Order Service Program?

An electronic notification system that advises registrants by telephone or e-mail when a protective order has been served on a respondent. An order excusing your presence requires you to register with it.

How will I know when the hearing is going ahead?

VINE notifies you of service, and the order advises you to confirm the hearing date by contacting the court promptly after that notification. The clerk must also promptly mail you any extended temporary protective orders.

What if the abuser is served the day before the hearing?

The court may, on its own initiative, excuse your non-appearance and continue or postpone the hearing if it finds that service was made too close to the hearing date.

Source & verification. The rule text and amendment history are reproduced verbatim from the Maryland Rules, Title 9 — Family Law Actions (Md. Rule 9-306). Adopted by the Supreme Court of Maryland. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: waiver of presence protective order MarylandVINE protective orderrespondent not served protective orderdo I have to attend every hearing