Maryland Code, STATE GOVERNMENT 7-304
Terms Used In Maryland Code, STATE GOVERNMENT 7-304
- assault: means assault in any degree unless a specific degree of assault is specified. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means includes or including by way of illustration and not by way of limitation. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- minor: means an individual under the age of 18 years. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- registered mail: include the uses, procedures, and fees of the United States Postal Service;
(2) "certified mail" includes "registered mail"; and
(3) "registered mail" includes "certified mail". See - Service of process: The service of writs or summonses to the appropriate party.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(1) an individual acting on the individual’s own behalf;
(2) a parent or guardian acting on behalf of a minor who resides with the parent or guardian;
(3) a guardian acting on behalf of a disabled person; or
(4) an individual who resides in the same household as an eligible applicant or Program participant.
(b) An application to participate in the Program shall be in the form required by the Secretary of State and shall contain:
(1) a statement that:
(i) the applicant is a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking; and
(ii) the applicant fears for the applicant’s safety, or the safety of the applicant’s child;
(2) evidence that the applicant is eligible for Program participation, including:
(i) certified law enforcement, court, or other federal or State agency records or files;
(ii) documentation from a domestic violence, sexual assault, or human trafficking prevention or assistance program;
(iii) documentation from a religious, medical, or other professional from whom the applicant has sought assistance or treatment as a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking; or
(iv) a statement from the applicant about the applicant’s subjective fear;
(3) a statement that disclosure of the applicant’s actual address would endanger the applicant’s safety or the safety of the applicant’s child;
(4) a knowing and voluntary designation of the Secretary of State as agent for purposes of service of process and receipt of first-class, certified, or registered mail;
(5) the mailing address and telephone number at which the applicant may be contacted by the Secretary of State;
(6) the actual address that the applicant requests not be disclosed by the Secretary of State because it would increase the risk of domestic violence, sexual assault, stalking, harassment, human trafficking, or other crimes;
(7) a statement as to whether there is any existing court order or pending court action involving the applicant and related to divorce proceedings, child support, child custody, or child visitation, and the identity of the court that issued the order or has jurisdiction over the action, if any;
(8) a sworn statement by the applicant that, to the best of the applicant’s knowledge, all the information contained in the application is true;
(9) the signature of the applicant and the date on which the applicant signed the application; and
(10) a voluntary release and waiver of all future claims against the State that may arise from participation in the Program except for a claim based on gross negligence.
(c) (1) (i) On the filing of a properly completed application and release, the Secretary of State shall:
1. review the application and release; and
2. if the application and release are properly completed and accurate, designate the applicant as a Program participant.
(ii) An applicant shall be a participant for 4 years from the date of filing unless the participation is canceled or withdrawn prior to the end of the 4-year period.
(2) A Program participant may withdraw from participation by filing a signed request for withdrawal with the Secretary of State.