Waldorf Domestic Violence Lawyer

Call Alpert Schreyer Criminal Defense Attorneys to schedule a free case evaluation with our Waldorf domestic violence lawyers.

Domestic Violence Involves Relatives and Household Members

Maryland defines domestic violence as acts that cause serious bodily injury or cause a person to fear imminent bodily harm. For the acts to qualify as domestic violence, the parties must be family or household members. Domestic violence involves:

• Spouses and former spouses
• Individuals with children in common
• People who live together
• Children
• Individuals related by marriage
• Parents and stepparents
• Individuals related by adoption
• Individuals related by blood

Maryland does not have a specific criminal code section titled “domestic violence”; instead, acts of domestic violence are typically charged under related offenses such as assault, harassment, or stalking, with the relationship between the parties determining the domestic violence nature of the charge.

Examples of Domestic Violence Charges in Maryland

Most domestic violence charges fall under assault. Examples of acts that can result in criminal charges for domestic violence include:

• False imprisonment
• Abuse of a disabled or elderly adult
• Stalking
• Abuse of a spouse or roommate
• Sexual assault or rape
• Assault
• Inflicting serious bodily injury
• Endangering or abusing a child
• Causing someone to fear imminent physical harm

You can be charged with domestic violence even if you do not cause someone physical harm. Putting a person in fear of being harmed is sufficient to be charged with domestic violence in Maryland. For example, pointing a loaded gun at your spouse could be considered domestic violence.

What Are the Penalties for a Domestic Violence Conviction in Waldorf, MD?

The penalties for a domestic violence conviction depend on the specific charges and the circumstances of the criminal conduct. For example, a conviction for first-degree assault related to domestic violence can result in up to 25 years in prison and a fine. Domestic violence charged as a second-degree assault is punished by up to 10 years in prison and a fine.

Misdemeanor domestic violence convictions may result in several penalties, including jail and fines. However, the court may also impose several conditions on probation, including random drug tests and wearing an ankle monitor.

The defendant may be ordered to attend anger management, substance abuse treatment, or other classes. The court often prohibits defendants from contacting victims.

Collateral Consequences of Domestic Violence Convictions

In addition to criminal penalties, defendants also experience collateral consequences of domestic violence charges. For example, a conviction for domestic violence could negatively impact child custody and visitation cases. It could also negatively impact immigration status.

Domestic violence convictions may also make it difficult to find employment or housing. Employers may be unwilling to hire individuals with a felony on their criminal record. Landlords view potential renters with a history of violent crimes as a possible problem.

Convictions for domestic violence can have an impact on higher education. A university or college may consider your criminal history when you apply for enrollment. Felony convictions may impact some types of financial aid and scholarships.

If your job requires a security clearance or a professional license, a conviction for domestic violence could put that at risk. Your professional license may be suspended or denied.

Felony convictions for domestic violence could result in the loss of public benefits, travel rights to other countries, and voting rights. It also may prevent you from owning or possessing firearms.

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Domestic Violence Protective Orders in Waldorf, MD

A protective order issued by the court prohibits a person from engaging in certain acts against another person. Other states may refer to protective orders as stay-away orders or restraining orders. The purpose of a protective order is to stop a person from harassing, abusing, or stalking the alleged victim.

The three types of protective orders are:

Interim Protective Order

Victims can obtain interim protective orders from a District Court Commissioner’s Office when the courts are closed. The interim order remains in effect until the second day after a temporary or final protective order hearing is held.

Temporary Protective Order

A temporary protective order issued by a District Court judge is intended to provide immediate protection for the alleged victim. It can be issued without the alleged abuser’s knowledge. The order remains in effect up to seven days after the alleged abuser is served with the order.

Final Protective Order

The court schedules a hearing to determine if a final protective order should be issued. The alleged abuser receives notice of the hearing and may present a defense. A final protective order can last up to one year and contain numerous restrictions for the alleged abuser.

For example, the protective order may prohibit the alleged abuser from contacting or communicating with the victim. The court may award temporary custody and child support to the victim and the possession of the residence. The order may require the alleged abuser to stay away from the victim, including not coming to the victim’s home, school, or place of employment.

Penalties for violating a domestic violence protective order include 90 days in jail and a $1,000 fine for the first offense. Subsequent offenses result in higher fines and longer jail sentences.

What Should I Do if I’m Accused of Domestic Violence in Maryland?

If you are arrested for domestic violence, try to remain calm. It may be difficult because you may be angry. Do not resist arrest because you will escalate the situation and face additional criminal charges.

Do not talk to the police. You may want to tell your side of the story to “clear your name,” but what you say can be used against you. It is best to exercise your right to remain silent and tell them you would like to consult with an attorney.

If you are released on bail, do not contact the alleged victim or go near them. You should not contact the victim through another party. You could be accused of trying to intimidate the alleged victim.

Begin gathering evidence, including copies of text messages, emails, and other communication with the alleged victim. Make a list of witnesses who can testify on your behalf.

Contact an experienced criminal defense attorney as soon as possible. A lawyer can help you develop a defense strategy to fight domestic violence charges. For example, you may claim self-defense or defense of others.

If the domestic violence allegations are false, your attorney may challenge the victim’s character and present other evidence proving the victim is lying. The type of defense used in your case depends on the evidence and other factors.

Schedule a Free Consultation With Our Waldorf Domestic Violence Attorneys

Domestic violence charges need to be taken very seriously. A conviction will follow you for the rest of your life. The stakes are high, so do not trust your defense to just any law firm. Hire an attorney with extensive experience and a background as a former prosecutor.

Contact the team at Alpert Schreyer Criminal Defense Attorneys at (301) 297-3701 for a free case review with one of our experienced Waldorf domestic violence lawyers.