Domestic Violence
- Adina Katz, Esq.
- Mar 24, 2017
- 3 min read
Maryland defines domestic violence as the occurrence of one or more of the following acts between household members or family.
stalking
assault
rape or sexual offense
attempted rape or sexual offense
false imprisonment, interfering with a person's freedom to leave
an act that places someone in imminent fear of bodily harm.
If the victim and perpetrator are in an intimate relationship, then the victim can file for a protective order. If the perpetrator and the victim are friends, neighbors, or a stranger, then the victim can file for a peace order.
Protective Order-
One can file for a protective order by filling out a form and if during business hours, one must file it with the clerk of the court in any district or circuit court. If a protective order is sought after business hours, one can go to the commissioner of the District Court in the county in which they live.
If you file for a protective order, you can ask the judge for certain types of help, such as getting the abuser to:
Stop abusing you.
Stay away from you and to not try to contact you or harass you at your home, school, job, or the place where you may be staying, stay away from your child’s school, and from your family members’ homes.
Stay out of your house.
Leave the home where the two of you live, if you are married to the abuser, AND you were living with your abuser at the time of the abuse.
Leave the home if you are not married to the abuser, but were living with the abuser at the time of the abuse, AND your name is on the lease or deed for the house, OR you lived with the abuser for at least 90 days within the past year.
The judge can also give you temporary custody of any children that you have with the abuser.
The judge can award temporary possession of any pet of the person eligible for relief or the respondent
In a Final Protective Order, a judge can order any of the above, and can also:
Establish temporary visitation with children.
Award emergency family maintenance.
Award use and possession of jointly titled car.
Order counseling.
Order the abuser to surrender all firearms.
Order the abuser to pay filing fees and court costs.
Order any other relief that the judge determines is necessary to protect a person eligible for relief from abuse
Peace Orders-
A Peace Order is a form of legal protection for anyone who is experiencing problems with an individual, including someone in a dating relationship, a neighbor, a stranger, or anyone else. The peace order enables an individual who wishes to be left alone to ask the Court for an order for the other person to stay away and refrain from any contact.
A Peace Order allows any person who has been subjected to abuse, harassment, stalking, trespass, malicious destruction of property, misuse of telephone facilities and equipment, misuse of electronic communication or interactive computer service, revenge porn, or visual surveillance to seek relief from the court. Unlike protective orders, the nature of the relationship between the parties is not a factor when petitioning the court for a Peace Order. If an individual is entitled to relief in a protective order hearing they are not entitled to seek relief under the Peace Order Act.
One can file for a peace order by submitting an application to the clerk of the district court during business hours. After business hours, one can file with a court commissioner for a peace order.
In an Interim or Temporary Peace Order, the judge can order that the abuser:
Stop abusing you.
Stay away from you and to not try to contact you or harass you at your home, school, job, or the place where you may be staying.
In a Final Peace Order, a judge can order any of the above, and can also:
Order counseling.
Order mediation.
Order the abuser to pay filing fees and court costs.
If you or someone you know is facing domestic violence and needs to know more about his or her options, call The Law Office of Adina S. Katz at 240-606-4591.
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