19737 Executive Park Cir, Germantown, MD

Are You Accused of Domestic Violence?

Recently it became a lot easier for a person accused of domestic violence to be found guilty.  The accuser merely needs to prove that it was “more likely than not” that the violence occurred.  If the court finds a person responsible for domestic violence, the court will issue an “Order of Protection Against Domestic Violence.”  The Order may include restraining orders in favor of the spouse and children, loss of custody, vacation of the family home, and the payment of maintenance, among many other possible reliefs.  In many cases, especially if the alleged victim shows physical signs of abuse, the police do not require a warrant to arrest you.

We understand that a conviction of domestic violence, and the public record that goes along with it, can do irreparable damage to your own reputation and that of your family and children.  We will do everything to ensure that your case is dealt with in a way that is appropriate to your family situation.

The State of Maryland takes charges of domestic violence very seriously.  If the court finds you guilty of any form of abuse, the consequences will be swift and absolute.  Courts are given room to move when sentencing, meaning you could be facing consequences including but not limited to:

Court Orders for Domestic Violence:

What is a Protective Order?

A protective order grants a victim of domestic violence a number of reliefs against the accused for a period of one year.  This includes restraining orders, temporarily withholding child custody, forcing the accused to give up temporary rights to jointly owned property (including the family home and/or car), and financial support for the victims.  The individual seeking a protective order must have been in a relationship with the alleged abuser for at least 90 days, be married to them, or be legally related to them.  For a protective order to be given, the victim must prove that any one of the following occurred:

Once any of those are established the judge will issue a protective order based on the individual circumstances of the case, including the financial needs of the family, the nature of the abuse, and the presence of any minors.

What is a Peace Order?

For individuals not qualified for a Protective Order (primarily those who have not been living with or in a relationship with the accused for at least 90 days) can file for a Peace Order.  A Peace Order is available against anyone from a significant other to a stranger as long as one of the following is proved:

If any one of those occurred within 90 days, the judge can give multiple reliefs depending on the crime, including restraining orders, forcibly ending contact between the individuals, and mandatory counseling and/or mediation.

Consequences

Defying either a Protective Order or a Peace Order will lead to fines, deportation, or jail time depending to the discretion of the court.  If you have already been served with a court order and you are being accused of breaking it, you must contact an attorney immediately.

Are You a Victim of Domestic Violence?

The State of Maryland takes domestic violence very seriously.  Lawmakers and lawyers alike understand how difficult it can be to get out of a situation in which you live with an abusive partner or spouse, especially if there are children involved.  First and foremost, if you or your family members are in immediate danger from domestic violence, seek help.  You can contact the Maryland Network Against Domestic Violence here via phone or email, and this list will help you find local resources including shelters.  Maryland police are also on alert for signs of domestic violence.  If they have reason believe that abuse may be happening, they have the ability to arrest the abuser immediately and remove them from your home without a warrant.

Victims of domestic abuse also have significant legal recourse available to them under Maryland law.  If you’ve suffered from domestic violence the courts can and will provide immediate, effective relief.  Judges understand how difficult it can be to break away from destructive relationships, and will order any number of remedies to empower victims and aid them in getting their lives back on track.  This includes but is not limited to:

If the abuser breaks the Protective Order or Peace Order, they will be prosecuted to the fullest extent of the law and face jail time and hefty fines.  If you are in a violent relationship, seek help now.  The courts can and will assist you.

Court Orders for Domestic Violence:

What is a Protective Order?

A protective order grants a victim of domestic violence a number of reliefs against the accused for a period of one year.  This includes restraining orders, temporarily withholding child custody, forcing the accused to give up temporary rights to jointly owned property (including the family home and/or car), and financial support for the victims.  The individual seeking a protective order must have been in a relationship with the abuser for at least 90 days, be married to them, or be legally related to them.  For a protective order to be given, one of the following must have occurred:

Once any of those are established the judge will issue a protective order based on the individual circumstances of the case, including the financial needs of the family, the nature of the abuse, and the presence of any minors.

What is a Peace Order?

For individuals not qualified for a Protective Order (primarily those who have not been living with or in a relationship with the abuser for at least 90 days) can file for a Peace Order.  A Peace Order is available against anyone, including romantic partners and strangers, as long as one of the following is proved:

If any one of those occurred within 30 days, the judge can give multiple reliefs depending on the crime.  This includes restraining orders, forcibly ending contact between the individuals, and mandatory counseling and/or mediation.

 

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