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Maryland Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Maryland on
Q: Is it possible for me, as I‘m now 18, to lift a restraining order my parents placed on my boyfriend when I was a minor?

My parents just never liked my boyfriend. He had never ever harmed me. So it really hurts my heart that this restraining order is now on his record and inflicting his employment. I want him to return to his normal way of life.

Mark Oakley
Mark Oakley
answered on Apr 15, 2020

Domestic violence order cannot last longer than 1 year, unless extended by court order for an additional year. Peace orders only last 6 months. A permanent injunction seems unlikely in this scenario. Therefore, depending how long ago the order was entered, it may have already expired. If his... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Is a final domestic protection order a conviction?

Trying to find out if I qualify to purchase a firearm.

I was subject to a protective order, 6 years ago, in a petty domestic violence case, where I was not convicted of the assault but was still placed on a final protective order. It was never disclosed to me exactly when the order expires/expired.

Mark Oakley
Mark Oakley
answered on Nov 10, 2019

It is not a conviction, because it is not a criminal matter. It is a civil case order. It is not part of a criminal history record.

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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: What to do when I’m being threatened my life

My brother had threatened to kill me numerous times

Gary Kollin
Gary Kollin
answered on Sep 14, 2019

Report it to tge authorities

1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on
Q: How to deal with harassment and abuse?

I have a friend of mine who's ”Babyfather” has been harassing her and their baby. Sending people to fight her and stalking her by creating new accounts on Facebook. She fled to Alabama to get away from everything but they keep harassing her.

William Jaksa
William Jaksa
answered on Aug 21, 2019

First, document the harassment. I often provide clients was an agenda or calendar that has individual pages for each day. I have them document in that agenda exactly what happened on a specific date and keep a running log of it. Don't lie or exaggerate anything in that book, be as accurate as... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: family member currently in custody 90 days now for a violation of parole & probation. how can we get a writ served?

this violation is based on a new arrest. The probation warrant came from judge in PG County & his current lawyer isn't much help at all.

Mark Oakley
Mark Oakley
answered on Jul 13, 2019

He is as on parole and probation as well? If he was on parole (early conditional release from a prison sentence) and he was re-arrested on a new charge, parole is automatically revoked and he returns to prison to serve his existing sentence. Release on bond in that situation is rare. Even if he was... View More

2 Answers | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Maryland on
Q: What proper/careful steps do I take to make sure an abusive parent/estranged husband is not given custody or visitation?

My children’s father/estranged husband abused me for 18 yrs. My bones have been broken, & I’ve been covered in lumps & bruises. His violent alcoholic abuse turned into countless death threats & he started threatening & physically abusing the boys & my disabled Mother. Which... View More

Pawnee A. Davis
Pawnee A. Davis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2019

Your situation needs a lawyer to ask you questions and get more information in order to advise you. So, please contact an attorney experienced in divorce and domestic violence.

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Maryland on
Q: Can I move out of state with my 6 month old?

My daughter has been under my sole care until she was 4 months old, but due to an abusive situation at my parents, we had to move in with her father( the only other person we know in Maryland.) Me and my child's father were never married but he signed an Affidavit of Paternity after she was... View More

Mark Oakley
Mark Oakley
answered on May 26, 2019

It’s a complicated question. With no court order in effect, either parent has legal authority to have physical custody and can move out of state. However, because this is the child’s home state of residence, Maryland courts have jurisdiction to hear a custody dispute under the Uniform Child... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My child's father is facing a first degree assault charge and for what if the charge state a weapon had to been used
Mark Oakley
Mark Oakley
answered on Apr 19, 2019

First Degree Assault carries a potential penalty of 25 years in jail. It is a very serious charge, and he needs a lawyer.

First Degree Assault can be charged in either of two factual circumstances: (1) intentionally cause or attempt to cause serious physical injury to another; or (2)...
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2 Answers | Asked in Domestic Violence for Maryland on
Q: Can I go outside the country if i have a pending trial
Mark Oakley
Mark Oakley
answered on Mar 24, 2019

Unless the trial is a criminal charge, and you are under a conditional release on bond which imposes specific travel restrictions, then no.

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2 Answers | Asked in Domestic Violence for Maryland on
Q: Expungement

I had an assault case but it was dismissed. What do I need to do to get it expunged? Can a lawyer help? I live in PG county, Md

Lee Eidelberg
Lee Eidelberg
answered on Feb 24, 2019

You can personally obtain expungement forms from the clerk of the court or hire an attorney to assist you.

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1 Answer | Asked in Domestic Violence for Maryland on
Q: I am a domestic abuse survivor. My children and I escaped in June of 2011. My ex is now sending me emails saying

My husband and I are taking part in illegal activities. He hasn't said what activities. We aren't. I received another one today. I have asked him to stop and he hasn't. Can I get another PFA to make him stop emailing me and leave me alone? I feel like I am being abused all over... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Nov 6, 2018

You can try for a protective order. Or you can just report the emails to the police.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: I got into a fight with my sibling. Over reacted and called the cops. Can I refuse to testify at his trial?
Mark Oakley
Mark Oakley
answered on Oct 31, 2018

You cannot refuse to testify, but you can make your wishes known to the prosecutor that you do not wish to proceed.

1 Answer | Asked in Domestic Violence for Maryland on
Q: Why am I being asked to see a detective after a domestic abuse incidence?

Fiance has a bad temper. Repeatedly asked him to leave my home but he wont. He hit me and I broke down and called the police. No charges were filed. Fiance has packed up and left. We were going to counseling. Been a few days now and Im asked to be quest. By a detective or courts will be involved. I... View More

Mark Oakley
Mark Oakley
answered on Oct 13, 2018

You called the police. They responded and saw evidence of physical injury caused by assault. They now have sufficient evidence to investigate a crime against the person who did this to you. Do you have minor children? That could also be an issue if they were involved in any way as victims. You may... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Domestic Violence for Maryland on
Q: Can I appeal at protective order

My lawyer was not prepared for my hearing and convinced me to concede but I don't think I should have

Mark Oakley
Mark Oakley
answered on Oct 4, 2018

You will need a lawyer to research whether you can in this situation. Ordinarily a district court protective order may be appealed to the circuit court and is heard “de novo”, meaning you get a complete do-over. However, there is a general legal doctrine that holds that a litigant may not... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How many years do habitual offenders get?

My husband has prior assaults on his record

Mark Oakley
Mark Oakley
answered on Aug 17, 2018

Nobody can answer that question without a whole lot more facts and details. He needs a lawyer who can review all the circumstances of the specific offense he's charged with, his background, and his current situation. A prior record for the same kind of charges will result in harsher... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: I was served with a subpoena to testify against my husbands for domestic violence. What will happen if i do not show?

I was told to call a number and tell them if i was not going to appear. Now what?

Mark Oakley
Mark Oakley
answered on Feb 27, 2018

You must appear if subpoenaed. The prosecutor may request the judge issue a body attachment, meaning the sheriff will come get you, place you in custody, and deliver you to the courthouse. You may be held in contempt of court. If you have not previously asserted your spousal privilege, a spouse has... View More

1 Answer | Asked in Civil Litigation and Domestic Violence for Maryland on
Q: Is there a civil tort available for “intentional infliction” of emotional distress against an adulterous husband in MD?

The long-term adulterous behavior comes about at the conclusion of an abusive 32-year marriage.

Mark Oakley
Mark Oakley
answered on Feb 22, 2018

No, any monetary award to which you could be entitled would have to be awarded as part of the balancing of the “equities” in your divorce judgment. There is no separate cause of action outside of the divorce case where you can sue your ex for conduct relating to or arising out of the marriage.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Can you be found guilty of 1st degree assualt if you are in your home with a bb gun and someone is trying to come in?

You locked the doors and your unaware the police are outside and someone is trying to enter your home after you have locked the doors.You see someone sticking there arm threw the window on the door so you grab a bb gun and tell them if they come in there gonna get it.The police didnt knock or... View More

Mark Oakley
Mark Oakley
answered on Feb 3, 2018

Yes, but you can also be found not guilty if defended properly. This is a very serious charge, and a lot more facts are needed to evaluate your defense, but the last place to want to be posting details is on a public forum accessible by law enforcement. Call a lawyer and schedule a private... View More

3 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: I’ve been subpoenaed to testify against my child's father for 2nd degree assault but I don want too what should I do
Mark Oakley
Mark Oakley
answered on Jan 31, 2018

If you were married to him, then you have a legal privilege not to testify. If not, so long as the subpoena was properly served on you, then you must appear or risk the judge issuing a body attachment to have you brought to court and detained until you testify. You may want to consult with a lawyer... View More

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1 Answer | Asked in Personal Injury and Domestic Violence for Maryland on
Q: I’m 16 and I’m going to court because I punched my 18 year old sister in her arm, what will happen?

There are no bruises or marks

Mark Oakley
Mark Oakley
answered on Jan 30, 2018

You’re a juvenile so I would imagine not much, maybe counseling. Ordinarily there would be an Intake Meeting with a case worker from Juvenile Services first, and you’d possibly be offered an”informal disposition” that would avoid court.

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