Maryland Domestic Violence Questions & Answers

Q: I am a domestic abuse survivor. My children and I escaped in June of 2011. My ex is now sending me emails saying

1 Answer | Asked in Domestic Violence for Maryland on
Answered on Nov 6, 2018
Elizabeth Pugliese's answer
You can try for a protective order. Or you can just report the emails to the police.

Q: I got into a fight with my sibling. Over reacted and called the cops. Can I refuse to testify at his trial?

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Answered on Oct 31, 2018
Mark Oakley's answer
You cannot refuse to testify, but you can make your wishes known to the prosecutor that you do not wish to proceed.

Q: Why am I being asked to see a detective after a domestic abuse incidence?

1 Answer | Asked in Domestic Violence for Maryland on
Answered on Oct 13, 2018
Mark Oakley's answer
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 decline to answer questions if you choose. Only you know of any other facts that might suggest they are investigating anything else other than an assault against you.

Q: Can I appeal at protective order

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Domestic Violence for Maryland on
Answered on Oct 4, 2018
Mark Oakley's answer
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 appeal an order they consented to. You’ll have to carefully review the specific statute your protective order was issued under (peace order or domestic violence order) and see whether there is anything...

Q: How many years do habitual offenders get?

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Answered on Aug 17, 2018
Mark Oakley's answer
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. Again, how much harsher really depends on a lot more facts than you have provided (which is basically, none). I do not recommend posting such details on this public forum. he needs a private...

Q: My wife moved her bf into my 4 and 6-year-old children's house. Now she is pregnant. She does not know I know. Leverage?

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Libel & Slander for Maryland on
Answered on Jun 19, 2018
Elizabeth Pugliese's answer
Leverage for what? If you are already separated, she has every right to move on. Unless there is something dangerous about him -- that you can prove -- she can do this.

Q: I was served with a subpoena to testify against my husbands for domestic violence. What will happen if i do not show?

1 Answer | Asked in Domestic Violence for Maryland on
Answered on Feb 27, 2018
Mark Oakley's answer
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 a one time legal privilege not to testify against his/her spouse in a criminal case. You must appear and tell the prosecutor that you wil assert your privilege not to testify against your husband....

Q: Is there a civil tort available for “intentional infliction” of emotional distress against an adulterous husband in MD?

1 Answer | Asked in Civil Litigation and Domestic Violence for Maryland on
Answered on Feb 22, 2018
Mark Oakley's answer
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.

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

1 Answer | Asked in Domestic Violence for Maryland on
Answered on Feb 3, 2018
Mark Oakley's answer
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 the home and to stay away from you, your house, your work, and your minor children. The court can order him to pay you family and spousal support, including paying the rent, mortgage and utilities. A...

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?

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Answered on Feb 3, 2018
Mark Oakley's answer
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 consultation as soon as possible.

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

3 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Answered on Jan 31, 2018
Mark Oakley's answer
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 about your options or whether you have other legal grounds to get out of testifying.

Q: I’m 16 and I’m going to court because I punched my 18 year old sister in her arm, what will happen?

1 Answer | Asked in Personal Injury and Domestic Violence for Maryland on
Answered on Jan 30, 2018
Mark Oakley's answer
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.

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

1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Maryland on
Answered on Nov 21, 2017
Cedulie Renee Laumann's answer
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 agreement reached among all the parties. In unusual circumstances a teenager may seek emancipation or the legal right to be treated as an adult. The abused person may wish to call a non-profit legal...

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

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Maryland on
Answered on Aug 14, 2017
Lynndolyn Tippins Mitchell's answer
This is not something to take lightly. You should apply for a peace order and also make a police report.

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.

2 Answers | Asked in Criminal Law, Divorce and Domestic Violence for Maryland on
Answered on Jul 21, 2017
Elizabeth Pugliese's answer
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 he violates that by retaliating for testifying he is in twice as much trouble. You should seek help at the House of Ruth for information about safety so you can address your concerns about testifying.

Q: Im afraid, I need advice now!

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Maryland on
Answered on Jul 18, 2017
Thomas Joseph Maronick Jr's answer
see my answer to the related question.

Q: Is this grounds for a protection order against my ex?

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Maryland on
Answered on Jul 18, 2017
Thomas Joseph Maronick Jr's answer
The issue is health and safety. If your health or safety is being threatened, that is grounds. A judge will have to agree but the threat of shooting and killing is prima facie evidence if what your child said was true.

Q: In Maryland, How does a victim pursue their rights under § 11-201 MD Crim Pro Code? Any alternative solutions?

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Answered on Jun 23, 2017
Eric Todd Kirk's answer
You'll need to go to court and convince the Judge the dismissal is proper under all the circumstances.

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