Domestic violence cases are serious matters with equally serious repercussions that can drastically impact both the accuser and the accused. If you’re facing allegations of domestic violence in Maryland, understanding how Maryland handles domestic violence cases is a must. If convicted of criminal offenses that fall under the umbrella of domestic violence, you could face fines, probation, and even imprisonment.
Our experienced domestic violence lawyers at Jezic & Moyse can help you understand your options and take action to protect your future and freedom moving forward.
Maryland’s Domestic Violence Laws
Maryland’s laws surrounding domestic violence are designed to hold abusers accountable while protecting victims. Under state law, domestic violence can be abusive behavior in any form—emotional, physical, psychological, or sexual—within certain relationships.
Maryland’s Criminal Code outlines multiple offenses that fall under the umbrella of domestic violence when the victim is a spouse, partner, or other family member, including the following:
- Assault (Md. Code Ann., Crim. Law § 3-203): This is a type of physical abuse that may involve actual physical injury or the threat of it. It can be a first-degree (serious injury) or second-degree (less serious injury) offense.
- Rape or sexual offenses (Md. Code Ann., Crim. Law §§ 3-302 to 3-308): These offenses encompass non-consensual sexual acts, including rapes and lesser sexual offenses.
- Stalking (Md. Code Ann., Crim. Law § 3-802): This involves a pattern of repeated, unwanted contact or behavior that incites stress or fear in the victim.
If convicted of one of these offenses or another that falls under Maryland’s domestic violence laws, you may face imprisonment, fines, and probation. The severity of the penalties varies based on the specifics of the crime.
The Legal Process for Domestic Violence Cases in Maryland
If you’ve been accused of domestic violence in Maryland, you may face both criminal and civil proceedings. It’s important to understand how Maryland handles domestic violence cases, as proper action is necessary to protect your rights and future.
Criminal Proceedings
In criminal cases, the State of Maryland prosecutes domestic violence allegations. Generally, the process starts with an arrest, provided law enforcement has probable cause to believe that the alleged violence has occurred.
After the arrest, you’ll be taken to court for an initial appearance. At this point, the judge will decide on bail and other conditions of release.
In the days and weeks that follow, the criminal trial process will take place. During this, both the prosecution and defense will present evidence and call witnesses. If you’re convicted of domestic violence-related charges, you could face imprisonment, probation, fines, and mandatory counseling, although the specifics of your punishment vary based on the severity of the charge.
Protective Orders (Civil Proceedings)
Maryland offers protective orders to victims of domestic violence. These are just like the restraining orders that other states offer, only under a different name. In addition to criminal charges, the alleged victim may file for a protective order against you.
This is a civil action that allows the court to issue an order to bar you from contacting the victim, remove you from their home, or grant custody of children to them. These orders are often issued temporarily, lasting for a few days to a week before a final hearing.
At the final hearing, you will have the opportunity to present your side of the story and cross-examine the alleged victim’s story. If the judge finds sufficient evidence that the alleged abuse happened, they will give the victim a protective order against you.
You’ll be listed as the respondent on these orders. If awarded to the alleged victim, these orders can have serious consequences, such as limited contact with children or forcing you to vacate your home. Violating a protective order can result in further criminal charges and additional legal consequences.
The Role of a Lawyer in a Domestic Violence Case
Facing domestic violence allegations is often a chaotic, stressful, and overwhelming experience. If you’re in this situation, having help from an experienced criminal defense lawyer is a must. Your lawyer can make sure your rights are upheld and that you receive a fair trial.
At Jezic & Moyse, we’ve helped many Maryland residents navigate their criminal cases. If you’re facing domestic violence allegations, we will:
- Assess the details of the case to determine your legal options
- Gather evidence, such as witness testimonies, police reports, and physical evidence
- Craft a tailored defense strategy, which may involve challenging the evidence or questioning the credibility of the accuser
- Negotiate a plea deal to reduce the severity of the charges or penalties, if necessary
- Protect your constitutional rights through every stage of the legal process
- Provide guidance to help you make informed decisions
- Represent you in court proceedings, including hearings and trial associated with both criminal and civil cases
- Guide you through the protective order process, including helping you contest it
Contact Jezic & Moyse for Help With Your Case
If you’re facing domestic violence allegations in Maryland, don’t wait to secure legal representation. The fallout of a criminal conviction or civil proceedings, such as a peace order, can be far-reaching, impacting all aspects of your professional and personal life. If you’re in this situation, contact our experienced criminal defense lawyers at Jezic & Moyse.
We’re well-versed in defending clients against domestic violence charges and can leverage our extensive expertise to help you navigate your case. Contact us today to start with a confidential consultation and take the first step toward protecting your rights and future.