Queen Anne's County Domestic Violence Lawyer

Protecting the Rights of Domestic Violence Victims in Maryland

Domestic violence is a serious issue that affects millions of people across the country. In Maryland, domestic violence is a crime that can be charged as either a misdemeanor or a felony, depending on the circumstances. If you are a victim of domestic violence, you have the right to take legal action to protect yourself and your family.

At Matthew Penick Law, our Queen Anne's County domestic violence attorney is committed to helping victims of domestic violence obtain the protection they need. We understand the fear and anxiety that can come with being a victim of domestic violence, and we are here to help you navigate the legal process and fight for your rights.

If you are a victim of domestic violence, call (410) 618-0863 or contact us online to schedule a consultation with our team.

What Is Domestic Violence?

Domestic violence is a broad term that encompasses many different types of abusive behavior. In Maryland, domestic violence is defined as any act that causes serious bodily harm or places a person in fear of imminent serious bodily harm. Domestic violence can be physical, emotional, or sexual in nature.

Some common examples of domestic violence include:

It is important to note that domestic violence is not limited to acts of violence that occur within a marriage. Domestic violence can occur between current or former spouses, people who are dating or have dated, people who live together or have lived together, and people who have a child together.

How to Get a Protective Order in Maryland

If you are a victim of domestic violence, you can seek a protective order to protect yourself and your family. A protective order is a court order that requires the abuser to stay away from you and your children. It can also require the abuser to move out of your home, pay temporary child support, and attend counseling.

There are three types of protective orders in Maryland: interim, temporary, and final. An interim protective order can be obtained immediately and is valid for up to two days. A temporary protective order can be obtained after a hearing and is valid for up to seven days. A final protective order can be obtained after a hearing and is valid for up to one year.

To obtain a protective order, you must file a petition with the court. The petition will ask you to provide information about the abuse, including when and where it occurred. You will also need to provide information about the abuser, including his or her name and address. If you are in immediate danger, you can request an emergency protective order, which can be obtained over the phone.

Once you have filed the petition, the court will schedule a hearing. At the hearing, you will have the opportunity to present evidence of the abuse. You can also bring witnesses to testify on your behalf. If the court grants the protective order, it will be served on the abuser. The abuser will then be required to comply with the terms of the order. If the abuser violates the order, he or she can be arrested and charged with a crime.

How to Get a Restraining Order in Maryland

If you are a victim of domestic violence, you can also seek a restraining order to protect yourself and your family. A restraining order is similar to a protective order, but it is only available to victims of certain crimes. In Maryland, a restraining order can be obtained by a victim of assault, a victim of sexual assault, a victim of stalking, or a victim of harassment.

There are two types of restraining orders in Maryland: interim and final. An interim restraining order can be obtained immediately and is valid for up to two days. A final restraining order can be obtained after a hearing and is valid for up to one year. A final restraining order can be extended for an additional year if the court finds that the victim is still in danger.

To obtain a restraining order, you must file a petition with the court. The petition will ask you to provide information about the abuse, including when and where it occurred. You will also need to provide information about the abuser, including his or her name and address. If you are in immediate danger, you can request an emergency restraining order, which can be obtained over the phone.

Once you have filed the petition, the court will schedule a hearing. At the hearing, you will have the opportunity to present evidence of the abuse. You can also bring witnesses to testify on your behalf. If the court grants the restraining order, it will be served on the abuser. The abuser will then be required to comply with the terms of the order. If the abuser violates the order, he or she can be arrested and charged with a crime.

Penalties for Domestic Abuse in Maryland

In Maryland, the legal system takes a firm stance against domestic violence, imposing significant penalties for convictions to protect victims and maintain societal order. Domestic violence encompasses various forms of abuse, including physical, emotional, and verbal abuse within familial or intimate relationships.

Penalties for domestic violence convictions in Maryland are severe and can include criminal and civil consequences. Criminal penalties may involve incarceration, fines, probation, and mandatory participation in counseling or anger management programs. The severity of these penalties often depends on the nature and extent of the violence, any prior convictions, and other aggravating factors.

In addition to criminal consequences, Maryland allows for civil remedies to protect victims of domestic violence. Protective orders may be issued to prohibit the abuser from contacting or approaching the victim. Violating such orders can result in further criminal charges and penalties.

Maryland's commitment to combating domestic violence is evident in its comprehensive legal framework, which emphasizes both punishment and prevention. By enforcing stringent penalties, the state aims to deter potential offenders and create an environment where victims feel secure and supported. It also underscores the importance of addressing the root causes of domestic violence through rehabilitation programs and counseling, promoting long-term societal change.

If you are a victim of domestic violence, call (410) 618-0863 or contact us online to schedule a consultation with our team.