What is Domestic Violence in Maryland?
In Maryland, domestic violence crimes occur between the following individuals:
- Current and former spouses
- Those who live in the same household
- Those related by blood, marriage, or adoption
- Parents and children
- Unmarried parents who share a child
“Domestic violence” itself is not a crime but a category of offenses that occur between the above individuals in a “domestic” setting per Maryland law.
Maryland DV law mandates a proactive approach in responding to domestic violence incidents to protect victims and prevent escalation. This means when police are called to a domestic disturbance, an arrest can be made based on “probable cause.” The implications for those accused are serious, as these arrests can lead to immediate legal and personal ramifications, including prolonged custody disputes and reputational harm.
The evidence for probable cause can vary but typically includes any physical signs of violence (such as injuries to the parties involved), witness testimony, threats or admissions made by the parties, and any violation of protective orders in place. Understanding what constitutes probable cause can be pivotal in preparing an effective defense.
In situations where clear evidence of physical harm or imminent threat exists to one of the parties, police are more likely to arrest the alleged perpetrator to prevent further harm. To counter such actions, a thorough knowledge of Maryland statutes and precedents relevant to domestic violence can strengthen the defense process and guide effective legal motions.
What are the Penalties for Domestic Violence in Maryland?
The penalties for domestic violence in Maryland vary widely depending on the severity of the charges, ranging from fines and probation to significant prison time. Aggravated offenses, such as those resulting in severe bodily harm or involving the use of a weapon, can lead to harsher sentences.
For example, a first-time offender convicted of second-degree assault, a common charge in domestic violence cases, could face up to 10 years in prison and a fine of up to $2,500.
More severe cases, such as first-degree assault that involves intentional infliction of severe bodily harm, carry stiffer penalties, including the possibility of up to 25 years in prison. In cases of rape or sexual assault, the consequences are generally even more grave; a person found guilty of first-degree rape could face life imprisonment.
Impact of a Protective Order
Maryland law also mandates protective orders in many domestic violence cases, which can impose restrictions on the defendant’s movements and interactions with the alleged victim. These orders can restrict your ability to return to your home, prohibit you from having any contact with your accuser or children, ban your possession of firearms, and more. Violating a protective order is a criminal offense, leading to further legal consequences. An understanding of how to legally address and, when possible, contest these orders can be crucial in maintaining your rights and freedoms while navigating the defense process.
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Reviews & Testimonials
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"10/10 across the board."Christian was AMAZING! He showed no signs of doubt that he could give me the outcome I wanted in my case.- Kenedi
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"Christian Hartman is amazing at what he does."He is extremely professional and handles his business well on the stand. The fee paid for his service was well worth having this man defend my case.- Katina
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"Christian took care of my case and got me the best possible outcome."He communicated with me the entire time and made sure I understood what was happening throughout the case.- Former Client
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"I'd recommend him to anyone!"He's not like other lawyers who just do their routine, he actually talks a lot with you and he fights for you. He is very knowledgeable, he is an assistant state's attorney who switched sides. So he knows all the prosecutors and judges.- Mark
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"A seasoned professional with passion!"Mr. Hartman not only served as an attorney but an ally throughout the whole legal process. He made me with comfortable and familiar with the whole process and was able to produce a favorable outcome!- Cameron
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What is the Legal Process in Domestic Violence Cases?
- Arrest and Charges: When law enforcement responds to a domestic violence call, an arrest may occur if there is probable cause to believe an offense was committed. Maryland law allows officers to make arrests without a warrant under certain conditions, such as visible injuries or immediate threats.
- Protective Orders: A victim may request a protective order (restraining order) from the court, which can prohibit contact between the accused and the victim, require the accused to leave a shared residence, grant temporary custody of children to the victim and prevent firearm possession.
- Court Hearings and Plea Bargains: Once charges are filed, court hearings will determine the next steps. Options may include:
- Dismissal: If there is insufficient evidence, charges may be dropped.
- Plea Bargains: Negotiating reduced charges or penalties in exchange for a guilty plea.
- Trial: If no plea deal is reached, the case proceeds to trial, where evidence is presented before a judge or jury.
How Can Hartman Attorneys at Law Help the Accused?
Attorney Christian Hartman is dedicated to Maryland criminal defense, which includes defending individuals accused of domestic violence. Our Annapolis domestic violence lawyers understand the complexities of these charges and the profound impact they can have on your life. We use a multi-faceted approach to ensure each client receives the best possible defense.
Our approach involves:
- Thorough investigation: Gathering all facts, identifying inconsistencies in the accuser’s story, and collecting evidence that supports your defense. This methodical approach is crucial to uncovering overlooked details that can shift the case's direction.
- Legal proficiency: Navigating the complexities of Maryland’s legal system to protect your rights. Our knowledge of both defense and prosecutorial tactics ensures a comprehensive defense plan.
- Strategic defense: Developing a personalized defense strategy that may involve negotiating lesser charges or seeking dismissal of unfounded accusations. We tailor our approach based on the case specifics and the client's long-term goals.
- Supportive counsel: Offering not only legal defense but also guidance and support through this challenging time. Our team is committed to helping clients understand each step of the process, reducing stress and uncertainty.
Facing domestic violence charges in Maryland can be a daunting experience fraught with emotional and legal complexities. Our Annapolis domestic violence attorneys at our firm are committed to providing an aggressive defense, advocating for your rights and best interests, and fighting for the most favorable outcome possible. We stress the importance of cohesive support, combining legal precision with genuine client care.
Arrange for a free initial consultation with our Annapolis domestic violence attorney by contacting us at (410) 469-6416.