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Maryland Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Maryland on
Q: I just married my husband and was charged with 1st and 2nd degree assault can we still use the marital right
Evan M. Koslow
Evan M. Koslow
answered on Apr 16, 2015

Yes, but it does not mean that the state will drop the charges.

1 Answer | Asked in Domestic Violence for Maryland on
Q: Hi! I have a question. I have subpoena and they want me to testify my husband. But what if I don't go to testify?

Coz all I want is to drop the case coz we still want to start over again? And I don't want him to go jail

Evan M. Koslow
Evan M. Koslow
answered on Mar 30, 2015

If you are married and never invoked your marital privilege in the past you can advise the state attorney that you will be invoking your marital privilege. Even without your testimony the state attorney can still decide to prosecute if there is other evidence that can convict your husband.

1 Answer | Asked in Domestic Violence for Maryland on
Q: I have pending charges for assault in the 1st degree from my ex. If he don't come to court can they still charge me?
Evan M. Koslow
Evan M. Koslow
answered on Mar 19, 2015

They already charged you. Whether they will try the case or not is up to the state's attorney.

1 Answer | Asked in Domestic Violence for Maryland on
Q: 2and a half years ago, which you never appeared in court, courts mandate you leave due to reoccurring domestic violence.

How long should one hold on to others belongings?

Evan M. Koslow
Evan M. Koslow
answered on Mar 5, 2015

you should write to the person who is the owner of the belongs giving them 30 days to obtain the belongs or otherwise you will dispose of it. the letter should be sent certified mail so you can firm that the person received it.

1 Answer | Asked in Domestic Violence for Maryland on
Q: Does a Temporary Peace Order go on my record?

My roommate filed a Temporary Peace Order against me and I'm wondering if that will stay on my record. I know Peace Orders stay on the record, but is a Temporary Peace Order different?

Evan M. Koslow
Evan M. Koslow
answered on Mar 5, 2015

it will show if someone does a case search on you, but it generally does not have the same affect as a final peace order would.

1 Answer | Asked in Domestic Violence for Maryland on
Q: Me and my boyfriend got into a fight I made a police report now he's being charged with 1st n 2nd degree assault but I

Don't want him to go to jail what can we do n he has no criminal record

Evan M. Koslow
Evan M. Koslow
answered on Mar 5, 2015

marry him before the hearing and then invoke your marital privilege. Otherwise, they can force you to testify. Please note that even if you do marry and invoke your marital privilege, they still may try to prosecute him (depending on what other evidence they have). Also note that you can only... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: Can I keep my husband out of jail with the spousal priveledge ? He has dv charges against him .what should I do ?

He is working again and also going to counseling for his anger. He wants to be there for his son . this incident was a one time thing and I do not want him to go to jail . our court date is next Wednesday . what should I do to keep him out of jail ?

Evan M. Koslow
Evan M. Koslow
answered on Feb 23, 2015

You can do your marital privilege. However, the state could decide to still try the case if they wanted to (depending on the other evidence they had). The only thing you can do to try and prevent him from going to jail is invoke your marital privilege and if found guilty asked to be heard before... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: I'm pressing charges for dv case and now he's lying and saying that I hit him first and he hit me in self defense but

He admitted to what he did in court for the protective order hearing because he didn't know I had a pending criminal case towards him.Do I have a good case? Should I jus accept him getting probation or take it to trial?

Evan M. Koslow
Evan M. Koslow
answered on Feb 23, 2015

Its not your choose as to whether the State will continue with the case. Nor is it your decision what the Judge decides to do as punishment if he is found guilty. If you are married you could plead your marital privilege (unless you already did in another matter). Even if this were to occur, if... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: What is the statute of limitation in Maryland for filing intimate partner violence charges from date of the incident?

My ex-boyfriend used to mentally, physically and later on sexually abuse me when we were together. I have several police reports for separate incidents. I finally left him and I got a Maryland Peace Order but I never pressed charges for any of the incidents because I did not want to get him in... View More

Evan M. Koslow
Evan M. Koslow
answered on Dec 17, 2014

If you filed a police report. The police/state's attorney will determine whether or not to file criminal charges against the person.

1 Answer | Asked in Domestic Violence for Maryland on
Q: if you call the cops for domestic violence against your husband what will happen
Evan M. Koslow
Evan M. Koslow
answered on Dec 8, 2014

Depending on the evidence and facts of the case, the police can arrest the husband. At which time criminal charges would likely be filed and the police would recommend to the victim to file for a protective order.

1 Answer | Asked in Domestic Violence for Maryland on
Q: I lied on the police report of my boyfriend abusing me what will happen to me and him ? He now has arrest warrant

Police took photos of me which it was a scratch I did to my self but I lied in the scene saying he did all he was doing just trying to hold me down to sit me down I was throwing things at him scratching him

Evan M. Koslow
Evan M. Koslow
answered on Nov 17, 2014

It is no longer up to you as to whether the state will prosecute your husband or not. If you have not previously used your marital privilege you can and as the only witness, it is unlikely the state would proceed. I would also note that you should be careful what you write in open forums as what... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: I called my husband for domestic violance he now has an arrest warren he does not know yet ....

I lied to the police officer of him hitting me ... I actually was hitting on him throwing things at him all he was doing was trying to grab my hands and sit me down to calm down I have I child involved with and do not kno what to do I want to drop the arrest warrant but I not kno how

Evan M. Koslow
Evan M. Koslow
answered on Nov 17, 2014

It is no longer up to you as to whether the state will prosecute your husband or not. If you have not previously used your marital privilege you can and as the only witness, it is unlikely the state would proceed. I would also note that you should be careful what you write in open forums as what... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: My boyfriend is facing serious assault charges against me I don't want to proceed what do I do

He had two knives but the neighbor called the cops I did not file charges I don't want him doing time cause of me could talk to his lawyer or something

Evan M. Koslow
Evan M. Koslow
answered on Nov 12, 2014

Its up to the State whether or not to prosecute. Since you are not married to him, you do not have any privileges that you can invoke. As such, if you do not testify, the Court can find you in contempt.

1 Answer | Asked in Domestic Violence for Maryland on
Q: Do u have to be Married n Maryland Not to testify against ur partner n A DV assualt case
Evan M. Koslow
Evan M. Koslow
answered on Nov 3, 2014

In order to invoke what is called a marital privilege, you must be married to the defendant at the time of the hearing. You are only able to invoke it once.

1 Answer | Asked in Domestic Violence for Maryland on
Q: Voilation of probation and get a new charge in md what happens
Evan M. Koslow
Evan M. Koslow
answered on Oct 23, 2014

You should speak to a criminal defenses attorney.

1 Answer | Asked in Domestic Violence for Maryland on
Q: If my boyfriend was arrested for domestic violence against how long will he stay in jail ? I didn't press charges

This is in the state of mAryland

Evan M. Koslow
Evan M. Koslow
answered on Oct 21, 2014

The initial arrest, he generally will be out within 24 hours (if charges were brought against him (which they can even if you are not seeking for charges to be brought), then he would need to post bail and if he cannot he can be in there longer).

1 Answer | Asked in Domestic Violence for Maryland on
Q: My daugther does not want to go court against her BF for DV she received a summon for court does she have to go?
Evan M. Koslow
Evan M. Koslow
answered on Oct 16, 2014

I am guessing that her BF has a criminal charge pending against him for the alleged DV. Yes your daughter will need to appear if she was sent a summons by the state prosecutor. Otherwise, they can find her in contempt of court and have sanctions entered against her, including a warrant for... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: My husband assaulted me, I went to the police but didn't take it any further. Will it still be on record?

I went to the police, had photos taken and gave them details but decided not to pursue it as I didn't feel strong enough to go to court.

Evan M. Koslow
Evan M. Koslow
answered on Oct 1, 2014

A police report would likely have been generated and available to the public. However if no criminal or civil actions have been taken, then there will be nothing on record stating that he was found guilty of actually doing the action you reported to the police. Depending on what you are trying to... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: Can I be locked if found spending time with my Boyfriend if I have a protective order against him?
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2012

Actually, it is your BF that would be locked up. You MUST go to court and have the order modified or vacated. For instance, if you were in the car with him, and he was pulled over for a traffic violation, they could haul him away right there.

If you feelings have legitimately changed, do...
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