Domestic Violence Law in Maryland

No one should have to tolerate domestic violence in any relationship. If you are a victim of domestic violence you can get help from the court. The court can order the abuser to stay away from you and your home and can give you custody of your children. The court can order the abuser to attend counseling.

Generally, domestic violence is a pattern of coercive behavior characterized by domination and control of one person over another. Usually, the parties involved are intimately connected. The mechanisms that are commonly used by the dominating party to control the other party include: physical, emotional, verbal, sexual, and/or economic abuse.

If you are the victim of abuse, it is imperative that you take steps to begin protecting yourself and your children. These "steps" may include: calling the police, seeking medical care, leaving the home, or simply developing a safety plan.

Moreover, it may be necessary to seek protection through the Maryland court system.

One way to seek protection is by filing criminal charges against the abuser. If you did not call the police when the violent incident(s) occurred and/or the police did not make an arrest, you may have to pursue criminal charges yourself.

Criminal charges are filed with a court commissioner.

Another avenue available to domestic violence victims is seeking relief through the civil system.

Specifically, the Protection from Domestic Violence Act provides immediate civil relief for victims of domestic violence. Persons eligible for relief under this Act include: (1) the current or former spouse of the abuser; (2) a cohabitant of the abuser; (3) a person related to the abuser by blood, marriage or adoption; (4) a parent, stepparent, child or stepchild of the abuser or the person eligible for relief who resides or resided with the abuser or person eligible for relief for at least 90 days within 1 year before the filing of the petition; (5) a vulnerable adult; and (6) an individual who has a child in common with the abuser.

Pursuant to the Act "abuse" includes: (1) an act that causes serious bodily harm; (2) an act that places a person in fear of imminent serious bodily harm; (3) battery or assault and battery; (4) rape or other specifically defined sexual offenses; (5) false imprisonment; and (6) child abuse.

To obtain protection through the above Act a victim of domestic violence must apply for a petition for protection. Once a petition is filed with the appropriate court, the seeking party will see a judge the same day in an ex parte hearing. As long as the judge has reasonable grounds to believe abuse occurred, he or she will issue a temporary ex parte order. An ex parte is effective as soon as it is given to the abuser by a sheriff or police officer. The ex parte order will list the date for a protective order hearing, which is usually held within seven days of the ex parte order. The actual protective order hearing gives both parties the opportunity to be heard on the issue of whether the court should dismiss the ex parte order filed by the "victim" or whether the court should extend the relief requested in the petition by the victim.

As part of this process, a victim may obtain some of the following relief for up to 12 months (with a possibility of a six month extension): (1) that the abuser be ordered not to abuse or threaten to abuse the victim; (2) that the abuser be ordered to stay away and not contact the victim; (3) that the abuser be forced to pay support; (4) that the abuser be ordered to vacate the family residence; (4) that the victim be awarded temporary custody of his/her children; (5) that the abuser be directed to participate in counseling; and (6) that the victim obtain exclusive use of his/her car.

You may initiate any of the above court proceedings alone, or an attorney may accompany you. The benefits of having an attorney in this type of situation include: (1) having an experienced confidante who can guide you through the court system; (2) having an experienced professional who knows the laws and the remedies available to you; and (3) having an experienced litigator who is capable of dealing with your abuser in court during the actual hearing, so that you are not forced to confront this individual on your own.

If you are married to an abusive spouse, it is important that you consider filing divorce proceedings simultaneous with, or soon after you initiate the domestic violence suit. The above article is not meant to be exhaustive. It is simply an outline of some of the legal remedies available to victims of abuse in Maryland.

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