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Maryland Domestic Violence Questions & Answers
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
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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
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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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2 Answers | Asked in Domestic Violence for Maryland on
Q: Can I go outside the country if i have a pending trial
Mark Oakley
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
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... Read more »

Elizabeth Pugliese
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
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
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
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
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... Read more »

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