Domestic violence charges in Maryland occur when certain crimes are committed between family members, or members within a household. This blanket term includes spouses (current and former), children, roommates, blood relatives, people who have children together, and vulnerable adults (adults who rely on others for care).
Domestic violence is most commonly associated with the crimes of assault or battery, as most cases involve a physical/verbal altercation between family members or household members. The only difference between assault and assault on a family/household member is that the assault is labeled as a domestic matter by authorities.
Common Domestic Violence Crimes in Maryland
While assault and battery may be the most common forms of domestic violence, other crimes committed between house/family members also fall under the category of domestic violence. Any of the following crimes, committed between household or family members, may be considered a domestic matter by authorities:
- Assault (in any degree)
- Battery
- Stalking
- Sex Crimes
- Harassment
- Child Abuse
As you can see, the category of domestic violence covers more criminal charges than simply assault and battery. If you are accused of committing any of these offenses in the state of Maryland, it may be in your best interest to contact a Maryland criminal defense lawyer to help defend your case.
A first offense of violating a protective order in Maryland is punishable by up to $1,000 in fines, as well as up to 90 days in jail.
Maryland Protective Orders
There are three types of protective orders issued in Maryland, each with their own durations, and each having their own guidelines protecting the petitioner and restricting the respondent. The three types of protective orders in Maryland are:
- Interim Protective Orders – Interim protective orders can be issued by Maryland district court commissioners at any time, and are issued when there is reasonable grounds to believe that the respondent has abused the petitioner. The order lasts for 48 hours, or two full business days. Interim protective orders can prohibit the respondent from contacting the petitioner, exclude the respondent from a home (event if it is shared between the petitioner/respondent), and award temporary custody of children and pets. To continue the order, a petitioner must file a temporary protective order after the 48 hours has concluded.
- Temporary Protective Orders – Temporary protective orders go into effect after respondent of the order has been served, and last for seven days. However, a temporary protective order requires a hearing from a judge to be issued. Temporary protective orders cover all of the protections and guidelines covered in interim protective orders, but also afford judges the power to order the respondent to surrender any firearms in their possession, and prohibit them from possessing any firearms.
- Final Protective Orders – Final protective orders usually can only be issued when the respondent has appeared in court, but can be issued if the respondent has already been issued a temporary protective order, or the respondent agrees to the final protective order being issued. Final protective orders usually last for one year, but can be extended and even be made permanent. All of the protections and guidelines covered in temporary protective orders are included in final protective orders, and also include additional protections and guidelines. Final protective orders also cover temporary visitation of children, counseling for the petitioner and/or the respondent, financial support, the use of shared vehicles, and court filing fees. A final protective order also requires the respondent to surrender any firearms, and prevents possession of firearms for the duration of the order.
Penalties for Violating Maryland Protective Orders
A first offense of violating a protective order in Maryland is punishable by up to $1,000 in fines, as well as up to 90 days in jail. A second offense, or any offense beyond a second offense, is punishable by fines of up to $2,500 and up to one year in jail. However, when violating a protective order, the respondent can also be found in contempt of court. This could add additional fines, as well as additional jail time.
If you are accused of a domestic crime, or you have been accused of violating a protective order, our qualified defense attorneys can consult with you and determine the best defense for your case. To speak with a domestic violence defense attorney, contact the Law Offices of Jezic & Moyse as soon as possible.