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Maryland Domestic Violence Questions & Answers
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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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 »

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