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Maryland Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My husband was arrested and charged with assault on me after I called the police. I made a mistake. Please help!

My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More

Lee Eidelberg
Lee Eidelberg
answered on Apr 5, 2024

Subject to further inquiry, you may be eligible to invoke your one-time spousal privilege, pursuant to which you cannot be compelled to testify against your husband. You need to consult with legal counsel to confirm that exceptions to the rule would not prevent you from invoking that privilege.... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My husband was arrested and charged with assault on me after I called the police. I made a mistake. Please help!

My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More

Mark Oakley
Mark Oakley
answered on Apr 5, 2024

First, your husband needs a lawyer. Second, you can only do two things: communicate to the State’s Attorneys Office your desire to not go forward with charges against your husband and your intent to invoke your privilege not to testify against your spouse; and then invoke your privilege on the... View More

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1 Answer | Asked in Domestic Violence for Maryland on
Q: My sister's boyfriend openly threatened me. He's an ex-marine and I believe he's serious, I don't know what to do.

I'm 36, recently graduated nursing school, moved back home with my mom and dad because it's close to the hospital I work at. My sister and boyfriend live in the basement. I got into an argument with my sister and her boyfriend who's an ex marine got involved and openly threatened me.... View More

Scott Scherr
Scott Scherr
answered on Oct 24, 2023

If the event occurred within the last 30 days, you may be able to file for a Peace Order. You should be aware that if you file a Peace Order, it is possible that he will file one against you. If the Peace Order is granted, he will be forced to leave the house.

1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on
Q: Peace order was falsely filed on me from ex who is upset that I outed her affair to her new fiancé. What can I do?

My ex fiancé of 5 years decided to walk out one day and get with someone new. After only 4 months, she contacted me and Has been having an affair with me for 8 months. I recently exposed her as she and I both knew I had been keeping tabs on her lies. Now that she’s caught up she claimed she... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 3, 2023

You need to go to court and fight the accusations. Full stop. Everything else is of secondary importance. You will need to hire an attorney and combat the accusations. Unfortunately, most states do not have a penalty for making false accusations regarding protection orders. But you cannot... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Domestic Violence for Maryland on
Q: Do u know what is considered no unlawful contact w/ another person when ordered by the district court in Annapolis, MD

Unlawful contact was a condition to his release on recognizance after he was arrested for assault & destruction of property over $1000.

Mark Oakley
Mark Oakley
answered on Jul 1, 2023

"Unlawful" contact --as opposed to "no" contact" -- would mean any contact that violates the law. Any criminal offense, for instance. If the pretrial release on bond conditions include the common restriction to have "no contact with the victim" then any contact... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My attorney failed me. How can I be prejudged without my evidence and complete statement heard by the states attorney?

My attorney told me that my ex and I would have our charges dropped the day before the trial, so i was totally unprepared to know if I should have agreed to the stet. I now know the states attorney planned to find my ex innocent a month before the trial, even though I was the one that was... View More

Lee Eidelberg
Lee Eidelberg
answered on Apr 17, 2023

The Office of the State's Attorney has the prerogative either to prosecute, dismiss or in your case(s), place the cross assault cases filed against both you and your ex on an inactive or "stet" docket. Neither case, if "stetted" was dismissed. Thus, if you possess... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How do I get out of a subpoena? I feel like I am being forced to talk against someone I did not press charges on.

My boyfriend and I were both under the influence and fought. My mom was involved. Things got physical but no one pressed charges. He was charged with 2 2nd-degree assaults. My mother and I were both mailed a subpoena but we want no parts.

Lee Eidelberg
Lee Eidelberg
answered on Apr 5, 2023

You and your mother are required to appear in court pursuant to the subpoena or face the potential of being seized by the Sherrif's department pursuant to a "body attachment" issued by a judge, should the State request such an order. As a practical matter, however, and subject to... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How do I get out of a subpoena? I feel like I am being forced to talk against someone I did not press charges on.

My boyfriend and I were both under the influence and fought. My mom was involved. Things got physical but no one pressed charges. He was charged with 2 2nd-degree assaults. My mother and I were both mailed a subpoena but we want no parts.

Scott Scherr
Scott Scherr
answered on Apr 5, 2023

This is not a sufficient reason to get out of a subpoena. If you have been subpoenaed to court, you must appear. If you do not appear, the police could come and bring you to court or you could be found in contempt. This does not happen in every single case, but it could happen here.

The...
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1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on
Q: Do I need to go to court for a subpoena involving a peace order violation if I don’t want to proceed with the charges?

I had a peace order which since has been modified from no contact to no hostile contact which was violated because of a misunderstanding. I don’t want to move forward with any charges and have told the SA that but have still been subpoenaed. I was told by the defendants attorney that I don’t... View More

Scott Scherr
Scott Scherr
answered on Feb 14, 2023

If you are subpoenaed, you are required to come to court. It may be that if you do not show up, nothing will happen to you. However, the prosecutor can send the police to bring you to court or the judge can order the authorities to bring you to court. This may not happen a lot, but it does happen... View More

1 Answer | Asked in Civil Rights, Appeals / Appellate Law, Domestic Violence and Libel & Slander for Maryland on
Q: I had someone who FALSELY filed a Peace order on me back in 2019. Can I still get a transcript and legal action.

In 2019 she filed a peace order on me lying what happen. Right after court I got messages on xbox of her telling me she lied and she only did it to keep me away bc she was had a bf and but she was the one trying to see me. I have multiple forms of proof and got told I cant remove it off my record... View More

Mark Oakley
Mark Oakley
answered on Feb 12, 2023

That's 4 years ago now. Statute of limitations for filing a claim for civil abuse of process is 3 years from the date the claim arose, which is the date she filed the false petition or the date it was finally adjudicated in your favor, as is any other civil claim you might come up with to sue... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: My son has been locked up for 30 days for domestic violence,he has a job and no bail hearing
Scott Scherr
Scott Scherr
answered on Nov 3, 2022

If he has not had a bail review hearing, he can hire private counsel or contact the Public Defender to file a motion for a bail review. If that is denied and the case is in the District Court, he may be able to file a Petition for Habeas Corpus in the Circuit Court.

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Will the prosecutor dismiss a case if police report doesn’t match the written report when going to court

Also if you have a clean record never been in any trouble at all will that help your case

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

A discrepancy in a report is unlikely to result a dismissal unless there is a material significant difference. A clean prior record is always helpful in discussions with DAs and prosecutors.

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1 Answer | Asked in Domestic Violence for Maryland on
Q: I have assault 2 with pbj but I don’t know if it’s domestic or not can you help me find out?

I need to know so I know if I can legally own firearms or not and get my hql

Scott Scherr
Scott Scherr
answered on Feb 6, 2024

You would need to check the court file. You can go to the courthouse and find out. If it arose out of a domestic incident, it will be listed as a domestic assault and you will be disqualified from owning a HQL.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My son is in Baltimore Jail on Criminal charges since October without public representation.

He's had a postponement but has not talked to anyone. What can he do?

Scott Scherr
Scott Scherr
answered on Dec 27, 2022

He should either retain private counsel or the Public Defender if he cannot afford a private attorney.

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Hi yes my question is If I was charged with second degree assault and my victim doesn't want to proceed what can i/ they

What can they do to get it thrown out before court

Scott Scherr
Scott Scherr
answered on Oct 14, 2022

Unfortunately, the victim has no control over criminal charges. Only the State's Attorney can drop the charges. The victim can tell the State's Attorney they would like the charges to be dropped, but the State often will pursue the claim anyway.

You should retain counsel to...
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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: On the night my son was arrested I wrote a statement against him and now they want me to testify against him.

Am I required to do so? I read a parental privilege rule, embodied in Sec 25, Rule 130 where no person may be compelled to testify against his children but since I wrote a statement I didn't know if the rule still applied.

Scott Scherr
Scott Scherr
answered on Sep 9, 2022

In Maryland, there is no privilege that prevents a parent from testifying against his or her child. You can be compelled to testify against him. The rule that you cite is not a Maryland rule.

1 Answer | Asked in Criminal Law, Domestic Violence and Personal Injury for Maryland on
Q: Protected Order filed with the Commissioner for Criminal Assault should evidence be filed with the Commissioner also?

How is evidence filed in an assuialt?

Scott Scherr
Scott Scherr
answered on Aug 3, 2022

There are two things that can be done. First, the Petitioner can file for a Protective Order. If the Commissioner finds that an Order of Protection should be granted, that an interim Order is passed. There is then an ex parte hearing before a judge within a day or two and the judge decides whether... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Maryland on
Q: How does a motion for reconsideration work?

In April I went to court with my ex for him assaulting me. He took a plea deal and is serving 18 months. I noticed that he filed for a motion for reconsideration. Some context- he was already on probation for felony assault when he was charged with assaulting me. Before trial, he was MIA from his... View More

Mark Oakley
Mark Oakley
answered on Jul 17, 2022

He may be seeking to reduce his sentence, or where he is serving the sentence (like a prerelease work facility) but what exactly he is seeking to modify can only be known by reading the motion. It is impossible to guess when or whether a judge would reconsider the sentence imposed after already... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Can you get in trouble for being with one another

It's a second degree assult case where my boyfriend and I were fighting police got involved and he got arrested the judge told him he wasn't allowed to contact me but I have contacted him can he get arrested if we get back together since I contacted him not vise versa

Mark Oakley
Mark Oakley
answered on May 17, 2022

Yes, he is violating a condition of his release on bond by having contact wth you. It does not matter that you are the one who initiated the contact. Of course, the police likely have no way to know about any contact, until the two of you get into another fight and police are called again, and... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Habeas corpus. Is this a good thing or a bad thing? What can I do to help him?

My fiancé has an open case from a few months ago regarding a dispute between us. He had a no contact order in place, which we BOTH broke. He was arrested the other day and has had 2 bail hearing since then where he is being kept without bail, and commitment pending hearing. His public defender has... View More

Scott Scherr
Scott Scherr
answered on Apr 21, 2022

If bail is denied, a defendant can file for a writ of habeas corpus asking in the Circuit Court that he be released until trial. If it is granted, he would be released from jail until the trial date.

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