Facing domestic violence charges in Maryland can feel incredibly intimidating. When criminal matters intersect with your personal relationship, the safety of your children, and where you live, one mistake can see your case turn from bad to worse.
While emotions are running high in such matters, it remains of critical importance to speak with an attorney and begin the process of developing a legal defense that is unique to the circumstances of your case. The criminal charges tied to domestic violence are incredibly serious matters, and could result in significant jail time, monetary fines, and the loss of custody of your children.
Never leave such matters to chance, and instead, retain legal representation that can formulate a defense strategy that represents what’s best for you and potentially reduces or eliminates the legal consequences you are facing. Read on to learn more about the nature of domestic violence charges in Maryland and the legal options available to you.
What Counts as Domestic Violence Under Maryland Law?
Maryland law articulates that domestic violence is any form of abuse or mistreatment against another partner or family member.
Abuse isn’t limited to physical violence(assault) that causes bodily harm, but can also include threats, sexual offenses, stalking, false imprisonment, and even financial abuse. Domestic violence itself is an umbrella term used to describe a long list of criminal offenses against partners, roommates, co-parents, children, and the elderly. Domestic violence can result in both criminal charges and civil cases brought against the accused.
Domestic violence can see an individual be charged with several different crimes, including but not limited to assault (1st and 2nd degree), criminal harassment, trespass, and malicious destruction of property. Leaving your children unattended for extended periods of time can also include criminal charges, where negligence or neglect conducted on behalf of a parent can also result in significant legal consequences.
Depending on the nature of your case, you could face misdemeanor or felony criminal charges for your domestic violence case. Prosecutors often show very little leniency for such cases, calling for you to retain the services of an attorney who brings both knowledge and experience in defending you from these criminal charges.
What Happens Immediately After a Domestic Violence Arrest?
Here is what occurs after being arrested for domestic violence-related charges in Maryland.
- An arrest is typically made after a 9-11 call, should law enforcement believe abuse has taken place. You are likely to be transported to the nearest police station after the arrest. You will be placed in handcuffs and read your legal rights.
- You will later be “booked” for your arrest, where law enforcement will collect your personal information and gather the details surrounding the circumstances of your arrest. You will likely be thoroughly searched and have your personal belongings confiscated. Next, you could have your fingerprints documented and have your photo taken, sometimes referred to as a “mugshot.” You will likely be offered a phone call through the police station’s phone system. The entire process could take several hours.
- You may also be issued a temporary protective order to stay away from the victim. This is Maryland’s version of what is commonly understood as a “restraining order” and is sometimes quickly issued after a domestic violence arrest.
- You will then need to appear before a commissioner, likely within the next 24 hours. Here you will learn more about the criminal charges against you, the possible legal consequences, your legal rights, and further discuss whether you qualify for pre-trial release (bail or bond).
- There may be a set of conditions for your release, which could include:
- No contact with the victim.
- Not to return home.
- Other restrictions on alcohol or drug use.
- You may be required to post “bail” or “bond” to ensure you return for your scheduled court appearances.
- Your court date will then be scheduled, for which you are required to appear.
Despite this entire process and the conditions set for your release, it is not a determination or admission of guilt. You are innocent until proven guilty. You should strongly consider speaking to an attorney when you are offered a phone call. Further, you can request that a friend or family member contact a law firm or attorney on your behalf.
No-Contact Orders & Protective Orders in Maryland
No contact orders and protective orders are common elements of domestic violence cases in Maryland. In order to protect the safety of the victim, a court or commissioner’s office may issue a temporary protective order to stop further abuse from occurring. You could be ordered to leave the home, cease contact with the alleged victim, or refrain from visiting their workplace.
Emergency, Interim, and Temporary Protective Orders
You could be issued a protective order quickly after your arrest in order to prevent further contact with the victim. You may be ordered not to visit the home, school, or workplace of the victim, or to vacate the house entirely. Further, a judge can order long-term protective orders against you. Protective orders could also include temporary changes in the custody of your children, along with orders to cease all contact with the victim.
Often issued quickly in order to protect the alleged victim and their children.
Final Protective Orders Up To One Year Or Longer
A final protective order hearing is typically scheduled after a temporary protective order is issued. A court can order you to cease or limit contact, stay away from the victim’s home, order you to vacate the home, order you into counseling, take away custody of your children, or limit your ability to own firearms. A final protective order can be extended as needed if there is a continued risk against the victim.
This will likely complicate your ability to find housing, but also potentially prevent you from owning or purchasing firearms.
Violating a No-Contact Order in Maryland
Violating a no-contact order in Maryland is its own criminal charge. You could face jail time and monetary fines for such a violation. Even if the victim initiated contact with you, you could still be found to violate the no-contact order. Never, under any circumstances, communicate with the victim through friends or family, including text messages, phone calls, or direct messages through social media.
Getting Back Into the Home or Regaining Contact
Working closely with a criminal defense attorney can help you understand the options available to you for getting back into the home or regaining contact. Use these steps to get back into the home after domestic violence.
- Do not violate the order against you under any circumstances.
- Hire an attorney who has experience in Maryland criminal defense and domestic violence cases.
- You can have your attorney file a motion to modify the conditions of release or protective order.
- The victim may appear in court to state they feel safe or comfortable with contact being restored.
A judge will then consider the alleged victim’s safety concerns, your compliance with the order, and whether or not you took part in the ordered counselling or treatment, and whether or not you followed orders related to alcohol or drug testing. Even if the victim wants contact to be restored or tells the accused it’s ok to return to the home, do not. The court must approve such requests, as such changes are never automatic.
Domestic Violence Defense Strategies in Maryland
Several legal defense strategies could be applied to your domestic violence case. Your attorney can consider the details of your case and formulate a legal strategy that is in your best interests. Your legal defense will focus on evidence and context, never dishonesty.
Common legal defenses for domestic violence could include:
- Self-defense with a reasonable fear of harm against yourself.
- Mutual combat, determining who was the primary aggressor.
- Accidental injury.
- False or exaggerated allegations during relationship stress or custody disputes.
- Inconsistencies between the 911 call, body-worn camera footage, and later statements.
- Medical reports vs. claimed injuries.
The legal defense that is suitable for your case will be dependent on the circumstances of your case. A qualified attorney can work alongside you to formulate a defense strategy that is unique to you. In some cases, physical evidence will play an important role, including body-worn police camera footage. These types of evidence can work to be strong tools, part of your defense strategy.
How Domestic Violence Charges Can Impact Child Custody
Domestic violence allegations can play a role in the custody rights of your children. During a divorce or custody dispute, allegations of domestic violence may be raised, impacting who will be in full custody of the children. A judge will determine the safety of the children above all else, and should there be a risk of violence against such children, you may lose custody of your children entirely.
Should the accused be able to prove that they took meaningful steps to reduce the risk against children, such as anger management counselling or therapy, it could work to demonstrate that the accused is capable of managing custody of their children. Each case is unique, and child custody in Maryland remains a delicate matter that calls for sound and experienced legal representation.
Can the Alleged Victim “Drop the Charges” of Domestic Violence?
No.
Once an individual has been arrested and charged, only the state’s attorney can dismiss the case. While the wishes of the alleged victim are important, it is not the determining factor. Cooperation and sound legal defenses can influence the outcome of your case and whether or not charges are dismissed.
When Can Charges Be Reduced or Dismissed?
Criminal charges related to domestic violence could be dismissed or reduced if there is a lack of evidence. Should specific statements not be supported by physical evidence, or if there are inconsistencies in what has allegedly occurred, it could result in charges being dropped or reduced. For those who have no prior criminal record, that could also be considered, and could lead to charges being reduced. Should the accused have partaken in counseling or complied with ordered treatment, that could work to help reduce the legal consequences you are facing.
First-time offenders may be offered to participate in a diversion program that would see their charges dropped. This could include community services, counselling, or rehabilitation programs for drug and alcohol abuse..
Some cases could see the issuing of what is known as a STET docket, where prosecution is put on hold while other conditions must be met.
Frequently Asked Questions
Find answers to frequently asked questions regarding domestic violence cases in Maryland.
Can I Pick Up My Belongings After a Domestic Violence Arrest
You can work with law enforcement to pick up important personal belongings after a domestic violence arrest. This is sometimes called a “police-accompanied return.” Contact your local law enforcement agency through their non-emergency line to learn more.
Can We Communicate Through a Third-Party
No. This is likely a violation of a protective order.
Is A Text Message Considered a Violation of a Protective Order?
Yes.
Will This Stay on My Record?
Should you be convicted of any domestic violence-related offense, you will have a criminal record. There are options for expungement; however, depending on the circumstances of your case, you may or may not be eligible. Speak directly with your attorney to learn more about criminal record expungement.
Get Help Protecting Your Future and Your Family
Early legal intervention remains incredibly important for anyone accused of domestic violence in Maryland. Look to the attorneys of Jezic & Moyse to represent your best interests throughout the entire legal process. At times when it feels like there is nobody on your side, our legal team can craft sound legal defenses that could potentially reduce or remove the legal consequences you could face.
Domestic violence continues to be a complex matter in Maryland, and the sooner you retain legal representation, the more effective our legal services can be. Should you be under investigation or have been recently arrested in a domestic violence case, contact us as soon as possible.
One simple misstep throughout the legal process can make your case far more complicated than it needs to be. Take these charges seriously from the moment of your arrest, and look to retain legal representation as early as possible.
We are proud to offer an entirely confidential, same-day consultation on such matters. Speak to us directly and understand what is at stake and how a qualified Maryland attorney can help you manage the upcoming legal consequences you could face.
Being convicted of a violent crime or any domestic violence-related offense will have lifelong consequences. Conviction can lead to your dismissal at work, result in your professional licenses being revoked, and see your name appear in criminal record searches for many years after you have paid your debt to society. The costs of such legal representation are incredibly small compared to what you could be facing in the future.
Contact Jezic & Moyse today and start the process now.