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Maryland Domestic Violence Questions & Answers
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
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
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... View 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... View More

Mark Oakley
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... View 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
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... View 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
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
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...
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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... View More

June Marie Marshall
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
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
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... View 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... View More

Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Jul 18, 2017

see my answer to the related question.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Maryland on
Q: Is this grounds for a protection order against my ex?

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 her that he was going to shoot and kill me, he does own a gun, What... View More

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Jul 18, 2017

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.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: In Maryland, How does a victim pursue their rights under § 11-201 MD Crim Pro Code? Any alternative solutions?

MD Crim Pro Code § 11-201 states that "A victim of an assault has the rights provided under § 3-207 of the Criminal Law Article.

§ 3-207 MD Crim Law Code, states that:

(a) Dismissal. -- On a pretrial motion of the State, a court may dismiss a charge of assault if: (1) the... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2017

You'll need to go to court and convince the Judge the dismissal is proper under all the circumstances.

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Maryland on
Q: Is it illegal for a boy to threaten to hit a girl? Along with that try to hit a girl?? He was trying to hit me

If nobody was blocking him he would of hit me

Peter N. Munsing
Peter N. Munsing
answered on Jun 12, 2017

Attempted assault. Context matters.

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Maryland on
Q: I have been subpoenaed to court to testify against my children's father for 2nd degree assault but I do not want to

Am I able to call the clerk who subpoenaed me and tell her that I do not wish to testify because I do want the case dismissed and the charges dropped. We have 3 children and the state has a peace order where he is not able to contact me or come near me at the time I called the police I was very... View More

Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Jun 10, 2017

You would need to call the State's Attorney's office if they subpoenaed you. Your views on the case may assist what they wish to do with it. They will make those determinations but usually the positions of witnesses and victims provide input into what they choose to do.

1 Answer | Asked in Domestic Violence and Personal Injury for Maryland on
Q: Can I sue my dad and step-mom for emotional abuse even though I'm 18?

My dad met my step-mom when I was 9 years old. We moved into a house with her, and her two kids. From then, until now (I'm 18), I have endured severe emotional abuse. My step-mother would bully me about my personality, weight, friends, dreams, and everything else. My dad acknowledged what she... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 6, 2016

Such cases are extremely difficult and the law doesn't impose a duty of good parenting outside of family law requirements.

Get counseling to deal with the fallout and how to frame things so you can be relatively open (but not manipulated) by family members but the law never could make...
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1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Domestic Violence for Maryland on
Q: husband called 911 on me and got arrested himself for 2nd degree DV. Will it help if I say I hit it and it was my fault?

I want to drop the charges which the state has pressed on him and remove the protective order. His bail bond modification has been rejected so I'm scared and don't want to ruin my marriage with him. I also want to know the consequences against me if I state that in my testimony. Initially... View More

Bennett James Wills
Bennett James Wills
answered on Nov 27, 2016

You could discuss your concern with the prosecuting attorney. Since you are married, you may invoke your privilege not to testify against your husband and the charges may be dropped. You can only invoke this privilege once. But you would also be wise to consult with an attorney, the prosecutor, or... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: I'm a victim of domestic violence and I got a subpoena to court but I don't want to attend, will I be arrested?
Bennett James Wills
Bennett James Wills
answered on Nov 15, 2016

You should comply with the subpoena. If you fail to appear then a judge could issue a bench warrant for your arrest. You should consult with the person that issued you the subpoena.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Maryland on
Q: My 14 yr daughter & I have been subpoenaed to testify in court for my bf's violating protective order. Do we have to go?

He has anger issues & I had been suicidal etc & ive had to call the cops. In a nutshell he needs anger management & has been getting it now. My 14 year old daughter was home one time & saw him bump me with his shoulder one time, where is did it on purpose, shocked me but I... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Nov 4, 2016

You have been subpoenaed, you must appear. If you do not, you can be arrested. You might want to talk to the State's Attorney about having to testify. However, if you do not testify, it is likely the charges will be dropped. Which means your boyfriend will have learned there are no... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: I got a peace order on my son's father last year. He's refusing to leave? What do i do?

He never moved out my house even though he was suppose to. He's constantly threatening me and calling me nasty names. I'm constantly begging him to leave but he won't i called the police when he stole my house key and they told me i would be arrested if for letting him come in but i... View More

Bennett James Wills
Bennett James Wills
answered on Oct 14, 2016

Consult local counsel. You may have grounds to file for a protective order.

2 Answers | Asked in Domestic Violence and Personal Injury for Maryland on
Q: My fiancé hit me so hard and cause a hematoma in my eye and bruises. How do I report this. Have him pay for my medical ?

The conjunctiva of my eye is red. My stomach is bruised. I want him to be responsible for my medical bills/copays when I got to the doctor

Peter N. Munsing
Peter N. Munsing
answered on Aug 16, 2016

Assume you filed police assault charges. If so he can pay and/or if Md. has a crime victims fund that may pay if you don't have insurance.

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