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Maryland Domestic Violence Questions & Answers
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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1 Answer | Asked in Domestic Violence for Maryland on
Q: My ex boyfriend sits outside of my apartment taunting me.

Last night he threw firecrackers at my apt. I thought it was a shotgun because of the very loud sound so i called the police and told them i heard a shotgun firing by my apt. They came and admitted that he had firecrackers but no gun on him. He has threatened me in the past. The cops allowed him to... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jun 7, 2020

You can seek a protective order for stalking. While he is technically allowed to be on public roads and such if you get a protective order that covers harassment and he is not allowed on common areas of your apartment such as the parking lot. You can get one from a commissoner if the court is... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Maryland on
Q: Can a husband legally take my camera and gear?

My husband has taken my camera and gear, around 15,000.- worth out of spite. I'm a photographer and taking photos is how I make my living.

Diana Valle
Diana Valle answered on May 25, 2020

No, he cannot take your camera and gear. Although you are married, and most property acquired during marriage is marital property, that does not mean that he can take your personal property from you. Try calling the local police for assistance. I do not know if he is still residing with you, but... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Charge with first degree assault and second degree assault at the same time, give me a estimated jail time or a minimum?
Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on May 7, 2020

Depends on your record at the time and how serious the assault was and whether a weapon was involved. I was involved in legislation in Annapolis seeking to come up with a new degree of assault charge to lower the maximum penalty (up to 10 years) on an unconsented-to touching without a lawful... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Charge with first degree assault and second degree assault at the same time, give me a estimated jail time or a minimum?
Robert C. Bonsib
Robert C. Bonsib answered on May 4, 2020

First degree assault has a maximum punishment of 25 years. Second degree assault carries a maximum of 10 years. If the charges arise out of the same act - the second degree assault would merge into the first degree assault so the total maximum would be 25 years. There is no minimum sentence so... Read more »

1 Answer | Asked in Domestic Violence for Maryland on
Q: Being charge with ASSAULT-FIRST DEGREE,ASSAULT-SEC DEGREE and MAL DEST PROP/VALU < $1,000. What'the minimum Imight get?
Mark Oakley
Mark Oakley answered on May 3, 2020

The minimum, if guilty of at least one of these charges, is probation; but depending on the disposition, better results include a nolle prosequi (dismissal); stet docket; or not guilty. But you provide no factual context. Sentencing is based on the nature of the crime, aggravating circumstances... Read more »

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... Read 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... Read 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... Read 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... Read more »

Pawnee A. Davis
Pawnee A. Davis 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... Read 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... Read 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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