A hearing was held on a Final Peace Order in District Court in Westminster, Maryland, in Hoge v. Schmalfeldt. Judge Jones did not grant the Final Peace Order. Her reason was that since the harassment was by electronic means it would be harassment under Maryland Criminal Law § 3-805 and since the applicable Peace Order statute (Maryland Courts and Judicial Procedures § 3-1503) does not list § 3-805 as one of the underlying acts allowing for a Peace Order, she would not grant the Order.
I believe that Judge Jones failed to understand that the acts prohibited by Maryland Criminal Law § 3-805 also are prohibited by the general harassment statue Maryland Criminal Law §3-803. While § 3-805 provides for enhanced penalties for electronic harassment, I believe § 3-805 should be considered as an included offense of § 3-803. If that be the case, then the Peace Order should have been granted.
I may appeal, but I am weighing other possible options.