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Maryland Domestic Violence Questions & Answers
0 Answers | Asked in Domestic Violence, Family Law and Child Custody for Maryland on
Q: § 5-708. Immunity of reporter of child abuse: Reporter is a parent who witnessed abuse(s) but did not report it on time

One of the parent witnessed child abuse/neglect on several occasions, but for reasons such as the abusive/abusing party threatening the witnessing parent of incrimination in the abuse or else in domestic violence against the abuser/abusing parent.

The witnessing parent is torn between... Read more »

0 Answers | Asked in Domestic Violence and Family Law for Maryland on
Q: What if a reporter of child abuse is one of the parents who witnessed abuse but did not report it on time

One of the parent witnessed child abuse/neglect on several occasions, but for reasons such as the abusive/abusing party threatening the witnessing parent of incrimination in the abuse or else in domestic violence against the abuser/abusing parent.

The witnessing parent is torn between... Read more »

0 Answers | Asked in Domestic Violence for Maryland on
Q: Are domestic violence victims who file peace orders and press charges obligated to a lease in MD if they lived w/abuser?

Corporate office said she is free to go but leasing office will not cooperate

1 Answer | Asked in Divorce, Civil Litigation and Domestic Violence for Maryland on
Q: . He's had 3 attys . They asked to be striken. He won't cooperate ,md court , what does plaintiff's exhibit mean

We have many assets . 3 businesses.a classic car collection. Ect. He's failed to put in discovery

My atty has asked for 2nd motion for sanctions

What's this mean

Mark Oakley
Mark Oakley answered on Sep 23, 2021

Ask your lawyer. This is what you are paying for: legal advice and counseling.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: I am in Rockville MD. I am on "Pre-Trial", Electronic monitoring ankle bracelet. I have nothing to show I flight risk.

I have been on an Ankle Monitor since this whole thing started. On Tuesday of next week, it will be 90 days. The Maximum sentence for my charge is 90 Days. The Maryland Governor has lifted all the COVID restrictions. I still don't have a Court date. I'm filling a motion with the... Read more »

Mark Oakley
Mark Oakley answered on Sep 9, 2021

If you have money to pay a lawyer, a motion can be filed to modify the terms of bond. You have not been subjected to cruel and unusual punishment under the Constitution, nor double jeopardy. An argument can be made that the ankle monitor, if your freedom of free movement has been restricted, is the... Read more »

1 Answer | Asked in Domestic Violence for Maryland on
Q: I’m subpoena to court as a witness for domestic violence case I don’t want to testify

How can I get out of it I’m the victim

Mark Oakley
Mark Oakley answered on Sep 3, 2021

If you are married to the defendant, you can assert your spousal privilege not to testify against your souse. It must be asserted in person at court, and you must tell the prosecutor of your intentions, and they will have you state in open court before the judge that you are asserting the... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Maryland on
Q: Can a defendant be charged in the jurisdiction they live in if an offense was committed in a different jurisdiction?

The defendant lives in one county and the offense was committed in a different county.

Mark Oakley
Mark Oakley answered on Aug 4, 2021

No, the prosecution must take place in the jurisdiction where the crime was committed, unless a change of venue is granted because pretrial publicity prevents the empanelment of a fair jury, or for some other compelling reason.

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How does a jury trial go for a violation of protection order? What happens as far as deals or will the case go to trial?

Will the state spend money on a jury trial for this type of case? Is it worth it?

Eric Todd Kirk
Eric Todd Kirk answered on Apr 12, 2021

The State absolutely spends money on these cases. A first violation has a maximum of 90 days. There is a one-year sentence possible for subsequent violations. It's impossible to gauge how a trial may go without knowledge of the facts of the alleged violation. You should meet with a lawyer in a... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Is the prosecution case strong if someone violated a protective order but you can’t see who it is in the video evidence?

The video has no time stamp to prove where it happened, date or time and there are witnesses saying that the accused is guilty because they seen the person at the said time.

Eric Todd Kirk
Eric Todd Kirk answered on Apr 11, 2021

That seems like a remarkably strong case. Eyewitness testimony from multiple sources placing an individual at a scene- presumably where they are not supposed to be- corroborated by video evidence.

3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Maryland on
Q: If granted sole physical and legal custody, what rights do I have? If the order has Contradictions.

I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... Read more »

Timothy E. Howie
Timothy E. Howie answered on Mar 1, 2021

A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before... Read more »

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1 Answer | Asked in Domestic Violence for Maryland on
Q: as respondent i have not been served. If there is a order in place can they proceed with final protective order ?
Mark Oakley
Mark Oakley answered on Dec 19, 2020

You need to be served, one way or another. The judge can extend the interim PO until you are served, postponing the final hearing. If you are deemed to be actively evading service, a judge may make that determination and order service by alternative means and issue a final order, but that... Read more »

2 Answers | Asked in Domestic Violence for Maryland on
Q: Hi, My final protective order was dismissed. Will shielding hide the interm and temporary RO too?

I was granted an interm and a temporary restraining order against my sister-in-law, but the final protective order was dismissed b/c all of my evidence came from my brother-in-law’s phone and he was not present at the hearing (he had given me copies of all of the texts and voicemails).

If... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

It will hide the entire record from public view. Once the final is denied, the temp and interim do not matter. They are expired. If you believe that you have reason to contest, then yes.

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1 Answer | Asked in Family Law, Domestic Violence and Probate for Maryland on
Q: If someone is under legal adult guardianship in one state and living in another, which state do I contact APS in?

If I need to contact Adult Protective Services for someone in an abusive adult guardianship situation, should I be contacting them in the state the person is living in or in the state of jurisdiction for the guardianship?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 30, 2020

To be safe, I think you should contact both. There is no penalty for doing so. Especially if you believe that this person is being abused in some way.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Ex husband was arrested a year ago for a domestic Violence charge. Charges were dropped and dismissed. Now he wants to

Regain his job as a police officer and wants me to recant my statement. If I do recant my statement what can happen?

Eric Todd Kirk
Eric Todd Kirk answered on Aug 26, 2020

Potential criminal charges in this situation would involve giving a false statement to a police officer, obstruction of justice and perhaps perjury depending on the context.

1 Answer | Asked in Domestic Violence for Maryland on
Q: served a restraining order that is completely false and I was kicked from my apt

Hello I was just served a restraining order that is completely false and I was kicked from my home is it possible to get it overturned and the other person removed from the home ?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 8, 2020

It is unclear based on the facts whether you can have the person removed from the home. However, to get a protective order dismissed against you, you will have to gather evidence and present both tangible (if available) and testimonial evidence of what happened at the protective order hearing. I do... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Maryland on
Q: What happens if both you and your abuser file restraining orders

My spouse/ abuser filed a restraining order before I had a chance to

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 4, 2020

There will be a protective order hearing where the person who filed will have to present their case and the person accused will have an opportunity to defend him/herself.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How do I get a case dismissed so me and my boyfriend don’t have to go to court

My boyfriend got charged with second degree assault I don’t want to press charges nor do I want to go court for this case how can I get it dismissed I reached out to the prosecutor but I haven’t been able to reach her yet so what I can do fast efficient to get it thrown out

Eric Todd Kirk
Eric Todd Kirk answered on Jul 7, 2020

It's completely out of your control. The people of the state of Maryland through the office of the state's attorney are prosecuting the case. The decision whether or not to proceed with the case is within the sole discretion of the prosecutor, not the victim. You can certainly make your... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: If a protective order has been violated but it expired a month before I go to court can i still be arrested.?

Protective order was violated in May but it expires in August

Mark Oakley
Mark Oakley answered on Jun 7, 2020

The date of your trial is irrelevant. If you violated the terms of the protection order during the time it was in effect, you can be charged and found guilty whenever the trial is held.

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