Domestic violence, abuse, assault and battery are crimes that should not be treated lightly.*

If your spouse or partner is abusing you, you may seek legal protection, even prosecution, whether you are married to your abuser or not.

Criminal Charges

As soon as the violence occurs, call the police. If they respond, but do not make an arrest, get the police report number and go to the District Court Commissioner in your area to press criminal charges. The commissioner will either issue a summons for your abuser to appear in court or an arrest warrant.

If the police see a physical injury as the result of domestic violence, they may arrest the abuser on the spot. If the police do not make an arrest, you should go to the District Court Commissioner. Often, the Commissioner will have a list of organizations that assist families in crisis.

Many abusers try to pressure victims to drop the charges before the trial. Once the charges are brought, only the prosecuting attorney may drop them. Often at the time of the trial, the abuser and prosecutor agree on a guilty plea. If this happens, you will not be asked to testify. However, be prepared to testify if an agreement is not reached. If you need support and assistance in going to court, call your local domestic violence program for accompaniment.

On the day of the trial, the assistant state’s attorney assigned to your case will prepare you for the trial and prosecute the case. You do not need to hire your own lawyer to bring a criminal case against your abuser. You must cooperate fully with the assistant state’s attorney to get the help you need. Some jurisdictions in Maryland have domestic violence units within the State’s Attorney’s Office, which also will assist you.

In most criminal cases involving a husband and wife, the abuser will not be sentenced to jail. The judge may choose from various sentencing options in lieu of jail time, including probation and counseling, which may be more beneficial for the entire family than sending the abuser to jail. Also, in many cases, alcoholism or drug abuse may contribute to the abusive behavior, and the judge may order necessary treatment to help the abuser overcome their addiction.

Civil Charges

A civil petition for relief from domestic violence may be filed before a District or Circuit Court judge to protect you from an abusive family member. The judge may issue an Order of Protection from Domestic Violence, which may include the following relief:

• Order the abuser to refrain from abusing or threatening to abuse you;
• Order the abuser to refrain from contacting you or harassing you;
• Order the abuser to refrain from entering your house;
• Award temporary custody of children that you and the abuser have in common;
• Award temporary use and possession of a vehicle owned jointly by you and the abuser;
• Order the abuser to surrender to law enforcement authorities any firearms in the abuser’s possession for the duration of the protective order; and
• Direct the abuser or any persons eligible for relief to a counseling program.

To qualify for this order, you must be a “person eligible for relief.” This includes being:

• A former or current spouse of the abuser;
• A person who has had a sexual relationship and lived with the abuser for at least 90 days during the year;
• A person related to the abuser by blood, marriage, or adoption;
• A parent, step-parent, child or step-child of the abuser or the person eligible for relief who resides or resided with the abuser or the person eligible for relief at least 90 days within one year before the filing of the petition;
• A vulnerable adult; or
• An individual who has a child in common with the abuser.

You should file for a protection order as soon as possible after the abuse occurs. The civil court clerk’s office will have the proper forms for you to fill out. To get an Order of Protection, you must file the petition for relief and speak with a judge. The judge may grant you a temporary order, called an Ex Parte Order, which may:

• Order the abuser out of the home for up to 7 days,
• Order the abuser from contacting you or harassing you at home or on the job,
• Award temporary custody of children and set a date for the hearing when you, the abuser, and all concerned parties can be present.

The Ex Parte Order expires on the day of the hearing when a new order may be granted.

On the day of the hearing, you should be prepared to tell the judge what happened so that they may grant a continued order of protection. After hearing from all parties present, the court may fashion an order that contains all or some of the relief listed in the first paragraph of this section. The abuser will not have a criminal record from these proceedings. If the abuser fails to obey the court order, you may go to court to request additional relief.

Although it is not necessary to have an attorney represent you in the petition before the court, you may want to consult a lawyer to find out what options are available to you. A lawyer can tell you what choices are available to you and help you decide what is best. The House of Ruth Domestic Violence Legal Clinic provides legal assistance to victims of domestic violence. Call toll free (888) 880-7884 between 9 a.m. – 5 p.m., Monday through Friday. If you must leave your home quickly to protect yourself from abuse you may call the police to escort you back to your home to pick up clothing, medicine or other necessities.

* National Coalition against Domestic Violence

source: The Maryland State Bar Association’s Public Awareness Committee has prepared this information. It is intended to inform the public and not serve as legal advice.