Domestic Violence Cases In Maryland: What To Expect
Facing domestic violence charges in Maryland can be a frightening and overwhelming experience. These cases move very quickly through the system and often involve both criminal charges and protective orders. Understanding what to expect can help you prepare and make informed decisions about your defense.
The arrest and initial charges
The majority of domestic violence cases begin with a call to the police. Maryland law requires officers to make an arrest if they have probable cause to believe an assault has occurred. This usually means someone is taken into custody on the spot, even if the alleged victim does not want to press charges.
Common charges include:
- Second-degree assault
- Reckless endangerment
- Violation of a protective order
Depending on the facts of the case, prosecutors can also bring charges involving weapons, harassment, or stalking.
Bail and conditions of release
Following an arrest, the defendant will appear before a commissioner and then a judge for a bail hearing. Conditions of release tend to include:
- No contact with the alleged victim
- Orders to stay away from their home, workplace, or school
- The requirement to surrender any firearms in your possession
Those who violate these conditions can be arrested again and face additional charges.
Protective orders and peace orders
In addition to criminal charges, Maryland law allows alleged victims to request a protective order (for family or household members) or a peace order (for non-family relationships).
A protective order hearing is civil, not criminal, but the consequences are serious: you may be ordered out of your home, barred from contacting your children, and forced to surrender firearms. Because these hearings move quickly, often within a week of the filing of a petition for a protective order, it’s critical to have representation from the start.
The criminal court process
Generally speaking, domestic violence cases are heard by the District Court. Serious felonies, however, may be moved to the circuit court. This is what usually happens:
- Initial Appearance/Arraignment – The defendant is given formal notice of the charges
- Pretrial hearings – The court may consider motions to suppress evidence or dismiss the charges.
- Trial – The prosecution is required to prove guilt beyond a reasonable doubt. The defense can cross-examine witnesses, challenge their credibility, cross-examine the accuser, and present evidence of self-defense or lack of intent.
- Sentencing – If the defendant is convicted, penalties can include jail time, probation, counseling programs, fines, and the loss of their firearm rights.
Defenses to domestic violence cases
While every case is unique, common defenses include:
- Self-defense – You acted primarily to protect yourself.
- False allegations – The alleged victim is exaggerating or fabricating the claims against you.
- Lack of evidence – The prosecution cannot meet its burden of proof.
An experienced criminal defense lawyer can investigate the facts, subpoena witnesses, and present evidence that supports your side of the story.
Talk to a Bel Air, MD, Domestic Violence Defense Lawyer Today
Schlaich & Thompson, Chartered, represent the interests of defendants who have been charged with domestic violence. Call our Bel Air domestic violence lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
