Shawn R. Torboli v. Joseph A. Torboli, 365 Md. 52

Summary

The Maryland Court of Appeals held that reconciliation during the term of a protective order may be offered as a defense to enforcement of the order's emergency family maintenance provisions. The court distinguished a defense to enforcement from a formal modification or rescission of the protective order under Family Law § 4-507(a)(1). The court affirmed the judgment of the Court of Special Appeals.

Holdings

1. Section 4-507(a)(1) prescribes the method by which the issuing court may modify or rescind a protective order during its term, after notice and a hearing, but it does not govern an enforcement action on an expired protective order.
2. A respondent may offer evidence of reconciliation occurring during the term of a protective order as a defense to a later enforcement action, even if the evidence could have supported modification or rescission during the order's term.

Questions Presented

1. Whether Md. Code, Family Law § 4-507(a)(1), which governs modification or rescission of protective orders during their terms after notice and a hearing, precludes a respondent from defending against enforcement of an expired protective order based on evidence of reconciliation that occurred during the order's term.
2. Whether reconciliation can constitute a defense to enforcement of emergency family maintenance provisions in an expired protective order even though the order was never formally modified or rescinded.

Disposition

affirmed