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Maryland Domestic Violence Questions & Answers

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 born.... Read more »

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 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)...
Read more »

2 Answers | Asked in Domestic Violence for Maryland on

Q: Can I go outside the country if i have a pending trial

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 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 again. And I... Read more »

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 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... Read more »

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... Read 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 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... Read 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 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 punishment.... Read 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 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... Read 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 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 Domestic Violence for Maryland on

Q: husband abusing me. If i call the police on him then i wouldn't be able to pay all the bills by myself.

I don't wanna be with him, but he is supporting me financially. How can i be safe and not loose a roof over my head. I only have a part time job. No one wanna hire me because i speak very little english (only my friend is writing these lines for me)

Mark Oakley answered on Feb 3, 2018

Call House of Ruth. Google it. They provide legal counsel and assistance to battered women. They will even provide emergency housing for you and your children if you want. However, they will also help you file a petition for protection from domestic violence. A judge can order your husband out of... Read more »

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... Read more »

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... Read 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 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... Read 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 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.

1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Maryland on

Q: My friend is 15 years old. She is pregnant. Her dad abuses her.she wants to runaway.can she live with the father ?

Can she live with the father of her baby and his parents ?

Cedulie Renee Laumann answered on Nov 21, 2017

Thank you for trying to find answers for someone in crisis.

Generally, child protective services has authority to get involved with any situation involving ongoing abuse of a minor. Options may include temporary custody to another family, some type of foster care arrangement or perhaps an...
Read more »

1 Answer | Asked in Family Law, Criminal Law and Domestic Violence for Maryland on

Q: If a verbally abusiv family member shows up at your house uninvited and refuses to leave and repeats, is it harrassment?

This immediate family member has repeatedly verbally and emotionally attacked me. They have showed up to my house after I asked not to, and refused to leave. They make threats to show up at my children's sports activities and it drives my anxiety and stress. They are manipulative and minimize my... Read more »

June Marie Marshall answered on Oct 4, 2017

Sounds like trespassing.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Maryland on

Q: My fiancés estranged wife threatened to "get a shot gun" and blow my brains out. Should I take this as a viable threat?

Lynndolyn Tippins Mitchell answered on Aug 14, 2017

This is not something to take lightly. You should apply for a peace order and also make a police report.

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2 Answers | Asked in Criminal Law, Divorce and Domestic Violence for Maryland on

Q: I was subpoenaed to court to testify against my ex for 2nd degree assult. I don't want to testify, but I'm scared.

Will I lose my protective order? Can I try to get him a deal for anger management? I'm scared of what he will do if I testify.

Elizabeth Pugliese answered on Jul 21, 2017

If the protective order was granted, you will not lose it by not testifying in the criminal case. It is understandable you are scared what he will do if you testify. After all, you sought a protective order for a reason. However, the protective order means he has no contact with you. If... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Maryland on

Q: Im afraid, I need advice now!

My ex and I can not agree on anything, We have shared physical custody, I informed him that I was going to modify the custody, When dropping off our children I asked what was the matter, one of my children stated that my ex told them that he was going to shoot and kill me, What should I do? He... Read more »

Thomas Joseph Maronick Jr answered on Jul 18, 2017

see my answer to the related question.

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