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MUSSER v. CHRISTIE

No. 1736, Sept. Term, 1999.

748 A.2d 1027 (2000)

131 Md. App. 200

Terry Elizabeth MUSSER v. Barbara Marie CHRISTIE.

Court of Special Appeals of Maryland.

March 29, 2000.

Attorney(s) appearing for the Case

Stephen L. Prevas (Prevas and Prevas, on the brief), Baltimore, for appellant.

Monica L. Scherer (George Psoras, Jr., on the brief), Towson, for appellee.

Argued before HOLLANDER, SALMON and BYRNES, JJ.

SALMON, Judge.

In a domestic violence case, a Maryland judge may only grant a protective order if (1) the court finds by clear and convincing evidence that abuse has occurred or (2) the respondent consents to the protective order. See Md.Code Ann., Fam. Law ("FL") § 4-506(c)(ii) (1999 Repl.Vol., Supp.1999). Here, a protective order was issued without the consent of the respondent, Terry Musser ("Ms. Musser"). Whether the order should have been signed hinges...

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