Maryland Domestic Violence Charges: What You Need To Know

Domestic violence is a serious issue in Maryland, and the authorities take it very seriously. The state defines domestic violence as the mistreatment of a family member or intimate partner, which can include physical, sexual, verbal, emotional, or psychological abuse. Maryland law allows victims of domestic violence to pursue criminal charges and seek protective orders, including restraining orders and civil protective orders. The police may make an arrest without witnessing the assault if they have probable cause and can also arrest an offender for violating a protective order. Victims can file criminal charges, and the state may impose jail time, probation, or counseling as penalties. However, there is a social stigma associated with domestic violence convictions, and it can be challenging to find employment with a record. Therefore, it is advisable to consult an experienced domestic violence lawyer to understand the legal options and potential consequences.

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Protective orders and housing protections for victims

In Maryland, a protective order is a court order that prohibits an individual from engaging in certain acts against another person. It is the state's version of a restraining order or stay-away order. Protective orders can be obtained from either the District Court or Circuit Court in the county where the petitioner resides.

To obtain a protective order, there are certain eligibility criteria that must be met. The petitioner and respondent must have a specific type of relationship, such as being related by marriage, blood, or adoption, or having lived together in a sexual relationship for at least 90 days in the past year.

Protective orders can provide housing protections for victims of domestic violence. For instance, a judge can order the abuser to leave the shared residence if the petitioner and respondent are married and living together or have lived together and had a sexual relationship, and the petitioner's name is on the lease or deed. Additionally, victims of abuse in Maryland can break their lease early if they need to move for safety reasons. They must provide written notice to their landlord, including documentation that they are a victim of abuse, and they have up to 30 days to vacate the premises.

Furthermore, protective orders can award financial assistance to petitioners, known as Emergency Family Maintenance. This includes financial support for the petitioner and any children they may have with the respondent. Judges have discretion in determining the appropriate amount of financial support based on the petitioner's needs and available resources.

In terms of safety, victims of domestic violence can request that their contact information be kept private when filing court documents. Additionally, if a protective order has been issued, law enforcement officers in Maryland are authorized to make arrests without a warrant if the abuser violates the order.

Overall, protective orders offer critical housing protections and financial support for victims of domestic violence in Maryland, helping them escape abusive situations and seek safety.

The difference between assault and domestic violence charges

In Maryland, domestic violence is defined as the mistreatment of a family member or intimate partner. This mistreatment can be physical, sexual, verbal, emotional, or psychological. Domestic violence is an umbrella term for various crimes, including assault, child abuse, and sex crimes.

Assault, on the other hand, is defined as taking a swing at someone with a fist or engaging in a verbal threat without making contact. Assault can be charged as a second-degree misdemeanor, which carries a fine of up to $500 and up to 60 days in jail. Aggravated assault, where the defendant intentionally and unlawfully threatens to do violence, is a third-degree felony with more severe penalties, including up to five years in prison, five years of probation, and a fine of up to $5,000.

The main difference between assault and domestic violence is the nature of the relationship between the accused and the victim. Domestic violence occurs when the accused and the victim are family members or intimate partners. Assault can occur between strangers or individuals who do not have a domestic relationship.

In terms of consequences, domestic violence is often treated more seriously than assault, even though the statutory penalties for the underlying offenses are the same. For example, a person who assaults a family member or spouse may be treated more harshly by the prosecution than someone who assaults a stranger. Additionally, in domestic violence cases, the prosecution may require the completion of a domestic violence intervention program as a condition of probation, whereas in non-domestic violence cases, anger management classes may be offered instead.

It is important to note that while domestic violence is not a separate charge from assault in Maryland, the presence of a domestic relationship between the accused and the victim can impact the way the case is handled and the severity of the consequences.

Harassment and stalking charges

Stalking is considered a more serious crime than harassment in Maryland, with harsher penalties. Stalking is defined as a "malicious course of conduct" that includes repeatedly pursuing or approaching another person with the intention of placing them in reasonable fear of bodily harm. To convict a person of stalking, the prosecution must prove that the suspect intended to harass, alarm, annoy, or threaten the victim, and that the victim was reasonably fearful for their safety. Stalking is also a misdemeanor offense, with penalties including fines of up to $5,000 and/or imprisonment for up to five years.

It is important to note that the lines between bothering and harassment can be blurry, and the rapid growth of digital communications has added a new dimension to these offenses. In Maryland, there are also specific laws related to the misuse of telephones and electronic communication, which can be connected to stalking and harassment charges.

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Police powers of arrest

In Maryland, law enforcement officers are not required to make arrests in domestic violence cases. However, they can separate the parties, advise one party to not return to the home, or issue a summons. If there is an active violent altercation when officers arrive at the scene, both parties can be arrested. If someone is badly injured, the police will arrest the other individual. An arrest will also be made if a judge orders a warrant.

Police officers can make an arrest without a warrant if they have probable cause to believe that the abuser has violated a protective order. An officer may remove a firearm from the scene of an alleged act of domestic violence if they have probable cause to believe that the act has occurred and they observe the firearm. The officer must store the firearm until the conclusion of a court proceeding. The court may then order the abuser to surrender the firearm for the duration of the protective order.

When someone is arrested for domestic violence, they are placed in handcuffs, advised of their right to remain silent, transported to the station, and processed. The police must inform victims of their basic rights as a victim of a crime and provide them with a copy of the pamphlet, "Maryland Crime Victims and Witnesses: Your Rights and Services". The police must also ensure the safety of all involved, secure and protect the crime scene, and address the transportation and housing needs of the victim.

Social stigma and employment challenges

Domestic violence charges in Maryland can have significant social stigma and employment challenges for those accused or convicted. The social stigma associated with domestic violence can be long-lasting and pervasive, impacting various aspects of an individual's life. People convicted of domestic violence may be labelled as "abusers" and face rejection from their communities and workplaces. This stigma can lead to social isolation and difficulties in finding employment.

Employment challenges are common for individuals with domestic violence charges or convictions in Maryland. Potential employers may be hesitant to hire someone with a domestic violence history, fearing the possibility of future violence in the workplace. Certain professions may be especially challenging to pursue or maintain due to the loss of professional licenses or certifications that can result from a domestic violence conviction. The impact of a conviction can be far-reaching, affecting not only employment prospects but also relationships with colleagues, clients, or customers.

The psychological burden of a criminal record can be significant, and the stigma associated with domestic violence may magnify this burden. The consequences of a domestic violence conviction can extend beyond the initial punishments, as individuals may carry the stigma and face challenges in various areas of their lives, including employment, education, housing, and personal relationships. The long-term effects of a conviction can be challenging to overcome, even if the individual has changed and grown from their past experiences.

It is important to note that the impact of domestic violence charges or convictions on employment is not limited to the accused or convicted individual. The victim of domestic violence may also face challenges in maintaining their employment due to the direct or indirect effects of the abuse. The trauma and stress associated with domestic violence can affect a victim's ability to perform at work, and they may need to take time off to seek safety, legal assistance, or counselling.

Given the potential social stigma and employment challenges associated with domestic violence charges in Maryland, seeking legal assistance is crucial. Knowledgeable attorneys can provide guidance and help accused individuals navigate the complex legal system, build a defence, and minimise potential consequences. Additionally, support services and resources are available for both victims and accused individuals to help them address the immediate and long-term impacts of domestic violence on their lives.

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