Domestic violence cases are complex, and the potential impact to both parties is significant. Possible outcomes for a domestic violence case could mean that the defendant is separated from their family or prevented from living in their home. Sometimes, defendants can be stopped from seeing their children. These cases are intense, and the stakes are high.
Because there’s so much on the line, it’s important to understand the law and how to defend your case properly. Fortunately, consulting an experienced domestic violence lawyer can make the process much easier for you. Working with legal experts that understand the law, and who can craft a solid defense, will improve your odds of success.
If you’re facing domestic violence charges in Germantown, Maryland, get in touch with our defense lawyers for a free consultation.
Germantown Domestic Violence Laws
Technically, there is no law explicitly prohibiting domestic violence in Maryland. Rather, when the defendant is accused of a domestic violence attack like assault, stalking, or making threats, they are often charged with varying degrees of assault or harassment charges under Maryland law.
Charges get more complicated when circumstances change. For example, if a child is in the home when domestic violence occurred, child abuse charges may also be filed. Other possible outcomes to domestic violence include protective orders which prevent the defendant from going near the victim. Other stipulations of these orders include avoiding contact of any kind and preventing the defendant from entering a home or seeing children.
Domestic violence penalties can result in more than just criminal charges. Because consequences can be so impactful, it is in your best interest to consult a domestic violence attorney. A great defense team will help you navigate your legal situation with your best interests in mind.
Types of Domestic Violence Offenses
Maryland statute uses broad language when defining domestic violence. Therefore, domestic violence can include a wide spectrum of acts that occur within the household. Some of these acts that count as domestic violence offenses include:
- Assault
- Rape or attempted rape
- False imprisonment
- Imminent fear of harm
- Stalking
- Harassment
- Kidnapping
- Serious bodily harm
With domestic abuse, the accused doesn’t have to be married or formerly married to the victim. Domestic violence can be charged to anyone that has the following type of relationship with the victim – cohabitant; person related by blood, marriage or adoption; a parent, stepparent, or child; a person who has a child in common with victim; and other types of relationships may qualify.
How Can Domestic Violence Accusations Affect You?
When another person accuses you of domestic violence in the home, you can feel immediate impacts on your life. The other party may attempt to press charges against you, or file for a protective order which would substantially impact your home life.
Under Maryland law, law enforcement can arrest you without a warrant if they believe that you are in violation of any type of protective order including a temporary or interim order. This means that it’s possible for you to be arrested and taken into custody if an officer simply believes that you are violating an order. They must reasonably believe that battery has occurred, and that the accused will continue to cause harm and injury.
Other areas of your life where domestic violence can affect you include marital status, child custody, property claims, and protective orders.
Protective Orders and Domestic Violence
If you have been accused of domestic violence against someone in your home, a protective order may be filed against you. Commonly known as restraining orders in other states, protective orders prevent you from being in the presence of the other party or contacting them in any way.
Protective orders may also prevent you from living in the same home as the accuser, maintaining custody of children or pets, and can result in surrendering firearms for the length of the order.
Before an order is officially granted, the accuser (also known as a petitioner) will have to file a petition for the order at which point they will be issued a temporary order. After the temporary order is issued, there will be a hearing where both parties will be present to share any evidence and plead their cases before a judge. It’s after this hearing that the judge will decide whether to issue the official protective order.
Consulting a protective order attorney will be helpful to prevent a protective order or other charges from being filed. It is also helpful to understand the process and your options as they can affect many aspects of your life.
How Can I Defend Myself from Domestic Violence Charges?
Facing domestic violence charges is a serious situation that requires an experienced legal defense. Fines, protective orders, and prison time are potential consequences of such charges. Having a criminal record can negatively impact job opportunities, relationships, opportunities for loans, and child custody.
Because the possible outcomes to the case are so severe, the best course of action is consulting a domestic violence attorney. A great legal team will do all they can to craft the best possible defense to help you in your case.
An attorney who specializes in domestic violence will know every possible defense and go about navigating your particular case with expertise.
Contacting A Germantown Domestic Violence Attorney
If you’re accused of domestic violence in Germantown, MD, you need to get in touch with a top rated domestic violence lawyer right away. Our team has decades of experience defending domestic violence cases, and helping our clients get the best possible outcome every time.
Get in touch with us today to discuss your case.
Frequently Asked Questions
What should I do if I’ve been accused of domestic violence?
If you’ve been accused of domestic violence, it’s important to contact a skilled criminal defense lawyer as soon as possible. False accusations can dramatically impact all aspects of your life, from personal to professional. A lawyer can help determine the next steps and advise you on what your options are.
What happens during the hearing for a protective order?
If you’ve been served with a protective order, you will be listed as the respondent. The order will include a hearing date. During the hearing, the judge will ask whether you want to consent to (agree with) or contest (challenge) the order.
If you agree to the order, you must follow the terms of the order, including how much contact you may have, if any, with the accuser. If you believe you’ve been falsely accused, talking to a lawyer is crucial. Help from a skilled criminal defense lawyer is integral when contesting a protective order, as these orders can have serious consequences.
How can a lawyer help with my domestic violence case?
Domestic violence cases are complex and tough to navigate if you’re unfamiliar with applicable laws. That’s where a knowledgeable domestic violence lawyer comes in. They will walk you through every step of the process, ensuring you know what to expect from each stage, from the initial consultation to hearings in court.
Do I Have to Hire a Lawyer for My Domestic Violence Case?
You aren’t required to hire a lawyer for your domestic violence case. However, given how complex domestic violence cases can be and the serious consequences of a conviction, it’s best to enlist help from a skilled lawyer. They’ll help you understand your options and help you make informed decisions as your case progresses.