Domestic Violence
Introduction
According to the
National Coalition Against Domestic Violence, it has been reported that every 15
seconds a woman is beaten in a domestic dispute somewhere in the United States.
Domestic violence, abuse, assault and battery are all crimes that should not be
treated lightly. If you are being battered by your spouse or partner, you may
seek legal protection, even prosecution, whether you are married to your abuser
or not.
Criminal Charges
Many domestic
violence victim awareness groups will offer the following advice:
Call the police as
soon as the violence occurs. 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 the
alleged abuser to appear in court or issue an arrest warrant.
If the police see a physical injury as the result of domestic violence, they may
make an arrest on the spot. If the police do not make an arrest, you should
still go to the District Court commissioner. Very 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 trial. Once
charges are brought, only the prosecuting attorney may drop the charges. Often
at the time of trial, the abuser and the prosecutor agree on a guilty plea. If
this happens, you will not be asked to testify. However, be prepared to testify
in case an agreement is not reached. If you need support and assistance in going
to court, call your local domestic violence program for accompaniment.
The Assistant State's Attorney assigned to your case and courtroom on the day of
your trial will be the lawyer who will prepare you for 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 in
order to get the help you need. Some jurisdictions in Maryland have domestic
violence units within the State's Attorney's Office, which will also assist you.
In most criminal cases involving a husband or wife, the abuser will not be
sentenced to jail. The judge may choose from many sentencing options, including
probation and counseling, which may be more beneficial for the entire family
than sending the spouse to jail. 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 his or her addiction.
Domestic Violence
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 or
harassing you; order the abuser to refrain from entering your home; award
temporary custody of children you and the abuser have in common; award emergency
family maintenance to you; award temporary use and possession of a vehicle owned
jointly by you and the abuser; and direct the abuser to a counseling program.
Qualify for Order
of Protection
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 with and lived with the abuser for at least 90 days during
the year; a person who is related to the abuser by blood or marriage and lived
with the abuser for at least 90 days during the year; a vulnerable adult; or a
person who has a child in common with the abuser.
You should file for a protection order as soon as possible after the abuse
occurs. Please call my office to receive the latest guidance in getting the
protection order as quickly as possible. Although a filing fee will be charged,
it may be waived if you do not have the money. 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 seven days, order the abuser from contacting 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
On the day of the hearing, you should be prepared to tell the judge what
happened so that he or she may grant a continued order of protection. After the
court hears from all of the parties present, the court may fashion an order that
contains appropriate relief. The abuser will not have a criminal record from
these proceedings. If the abuser fails to obey the court order, you may go back
to court to request additional relief.
Although it is not necessary to have an attorney represent you regarding 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 you have and
help you decide what is best for you. The House of Ruth Domestic Violence Legal
Clinic in Maryland provides legal assistance to victims of domestic violence.
Call 410-889-0840 between 9 a.m. and 5 p.m., Monday through Friday.
Protect Yourself
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.
Don't Become A
Statistic
If you are being abused by a spouse or partner, contact the Maryland Commission
for Women or one of the local domestic violence programs in your area.
Commentary by
Michael A Mastracci on the Domestic Violence Laws and Resources in Light of
Child Custody and Visitation Disputes
There is no question that domestic violence is a serious issue and concern in
our society, and every effort should be taken to stop domestic violence.
However, domestic violence petitions, whether in the District Court or Circuit
Court, should not be utilized solely in an attempt to simply gain a tactical
advantage in custody litigation.
Accusing someone of domestic violence and attempting to limit their access to
their children, as a means of "punishment" is not what law makers envisioned in
enacting domestic violence laws. Abuse of the legal process in this regard
undermines the importance, significance and progress of domestic violence
advocates.
These types of laws were enacted to truly protect those who need protection.
They were not designed as a quick method for resolving child custody disputes.
Although little statistical data is collected in the area of frivolous claims of
abuse and neglect, many attorneys and judges readily acknowledge that the system
is often abused by parents and some lawyers in an effort to gain tactical
advantage, in custody and visitation disputes.
If such allegations are deemed to be unfounded or grossly or intentionally
exaggerated, a skilled attorney will easily be able to show that the accusatory
parent, if he or she were awarded custody, would in all likelihood attempt to
alienate the children from the other parent. One of the factors that judges
consider in determining the best interests of the children, with respect to
custody and visitation, is which parent is better able to promote normal family
relations so that the children do not lose the benefit of an entire side of the
family simply by virtue of a custody decision.
False and/or grossly exaggerated reports of abuse also leave deep scars and do
nothing to promote future trust or an atmosphere of solution-oriented decision
making.
Though no one deserves to be "abused," the terms "abuse" and "domestic violence"
are often thrown about loosely as it pertains to custody and visitation
disputes. However, the meaning that different people, including Masters and
Judges, associate with such powerful language is often profound. Therefore, care
should be taken to report such instances of "abuse" or "domestic violence" in a
factually accurate manner. When lies, exaggeration, and tactical planning are
part of the overall alleged or reported abuse, it does little to foster a
willingness on the part of the abuser to recognize his or her actions as
abusive.
In fact, exaggerated and/or fictitious allegations give even a true abuser
standing to deny his or her abusive ways and bring forth his or her pointing to
the victim as the cause of the current situation. This can often perpetuate an
already vicious cycle that needs to be broken.
Often domestic advocates and/or alleged victims of domestic violence are quick
to point to statistical data that support their position that if a man, for
example, was "abusive to his wife," he is likely to be abusive to his children,
and therefore he should not be considered as a candidate for custody under any
circumstances.
While statistical data is sometimes interesting and often misleading, it should
be readily apparent that the relationship between "husband and wife" and the
dynamics of the relationship of "parent and child" are vastly different. All too
often that difference is overlooked when people rely on claims of abuse and
domestic violence as a means to limit parental access to children.
The reasons for a failed marriage are many, and often have everything to do with
the dynamics of the spousal relationship, while having little to do with a
person's ability to be an otherwise kind, caring, and loving parent. As in any
case of alleged domestic abuse or violence, there are many underlying issues
that need to be resolved.
There are many resources available to help all parties concerned with abuse and
domestic violence issues.
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