What is Considered Domestic Violence in Maryland?

In Maryland criminal law, “domestic violence” is an umbrella term that includes contact (e.g., battery) and non-contact (e.g., violating a restraining order) offenses, if the alleged victim is a member of a protected household class. Once upon a time, law enforcement agencies rarely stepped into these situations because they considered them civil matters. But the persistent danger of domestic violence has changed many attitudes.

Here is another statistic worth considering. About a third of alleged victims either exaggerate domestic violence incidents or fabricate them altogether. So, if you are charged with domestic violence, a Charles County criminal defense lawyer from the Law Office of Robert R. Castro can help. In addition to substantive defenses (a lack of credible evidence), many domestic violence cases also have procedural and/or affirmative defenses. An attorney identifies these legal defenses and uses them to obtain the best possible result under the circumstances.

Domestic Battery in Maryland

Many states have standalone domestic battery laws. But Maryland does not have a separate criminal statute. Instead, the crime falls under the broader offense of assault. Courts treat battery as a domestically related crime when it occurs between people such as spouses, former spouses, parents, children, cohabitants, or individuals in a dating relationship.

Second-degree assault (intentionally causing physical harm, attempting to cause harm, or placing someone in fear of immediate harmful contact) is the most common charge in domestic battery cases. This misdemeanor offense could mean up to 10 years in prison and a fine of up to $2,500.

First-degree assault (a felony punishable by up to 25 years in prison) is the equivalent of aggravated assault in most other states. These charges could hold up in court if the alleged victim was in an additional protected class, such as a law enforcement officer, the defendant used a deadly weapon (pretty much any object, such as a golf club or frying pan, could be a deadly weapon), or the alleged victim was seriously injured (went to the hospital).

In addition, Maryland courts usually issue protective orders in domestic battery cases. Protective orders may require the accused person to stay away from the victim, leave a shared home, or avoid contact.

As mentioned, many alleged victims are not credible witnesses in court. Their stories are probably true. But credibility and accuracy are two different things.

Violating a Restraining Order in Prince George’s County

Defendants violate restraining orders (peace orders in non-domestic violence cases) if they knowingly fail to comply with the terms of a court order. Presence at a prohibited place, regardless of intent, violates a restraining order.

Common violations include contacting the protected person, coming within a prohibited distance, returning to a shared residence after being ordered to leave, or committing acts of harassment, threats, or abuse. Even indirect contact, such as messages sent through friends, social media, or phone calls, may violate these orders.

Violating a protective or peace order is usually a misdemeanor. A first offense means up to 90 days in jail and a fine of up to $1,000. Penalties increase for repeat violations, and the court may impose additional restrictions or extend the protective order.

Because of the low intent requirement, these charges are difficult for a Calvert County criminal defense attorney to defend. However, procedural defenses, such as Fourth and Fifth Amendment violations, may apply.

Work With a Detail-Oriented Calvert County Lawyer

There’s a big difference between an arrest and a conviction. For a confidential consultation with an experienced criminal defense lawyer in Prince George’s County, Maryland, contact the Law Office of Robert R. Castro, 11701 Central Ave Suite 200, Waldorf, MD 20601. You can call us at (301) 870-1200 or go online now.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions, contact our office to speak to an experienced lawyer at (301) 870-1200.