Baltimore MD Domestic Violence Attorney
Seasoned Legal Representation on Your Side in Maryland
Domestic violence is not a crime in and of itself, but a label attached to certain offenses committed in a domestic situation. These are crimes that occur within a household or between family members. Arrests for domestic violence can be made without a warrant if an incident is reported to law enforcement within 48 hours of its occurrence. Law enforcement can arrest you if they suspect you engaged in any type of domestic abuse or on suspicion of violating a restraining order (known as a protective order). Sometimes these arrests can be based on statements made by your accuser that are false, misleading, or exaggerated to malign you in a divorce or child custody case or for some other ulterior motive. If you need legal advocacy, reach out to our Baltimore domestic violence defense attorneys at T. Wray McCurdy, P.A..
Is Domestic Violence A Felony In Maryland?
If a case may be identified as domestic it is not considering a felony charge in any way. The optimum penalty for an attack second degree is 10 years. If the case is labeled domestic, some things in a disposition from a judge might be different. They may send the person to couple's therapy, or anger management classes, or might have the person do social work.
Arrested for domestic violence? Contact T. Wray McCurdy, P.A. to arrange for a free consultation with a Baltimore domestic violence defense attorney at (410) 834-8466.
Domestic Violence Laws in Maryland
Acts of domestic violence are considered very seriously by the courts in an effort to protect vulnerable individuals and children as well as to prevent others from similar behavior.
In Maryland, domestic violence or abuse occurs when it involves the following family or household members:
- Spouses or former spouses
- People who live together
- Individuals who have a child in common
- Individuals related by blood
- Individuals related by marriage
- Individuals related by adoption
- Parents and stepparents
Domestic violence or abuse is described by law as an act that causes seriously bodily harm or places a person in fear of imminent bodily harm, any type of assault, child abuse, rape or attempted rape, sexual offense or its attempt, false imprisonment, and stalking.
Such crimes can result in prison sentences, heavy fines, probation, anger management programs, and being subject to a protective order. For example, causing an intentional injury through assault can lead to a prison sentence of up to 25 years. Stalking can result in up to five years in prison and/or a fine of up to $5,000 while rape can result in life imprisonment.
Protective Orders in Maryland
In any domestic violence case, you may become subject to a temporary or final protective order (commonly called restraining orders) issued by the court. Such an order can ban you from making any kind of contact with the protected person and his or her children, ban you from going near the protected person’s home, school, work, or child care facility, kick you out of the home you share with the protected person, grant the protected person custody of children or pets you share, and ban you from the possession of any guns.
A temporary protective order can last from seven days up to six months. A final order can be issued for a year and extended beyond that after a further court hearing. A final order can also order you pay financial support, court filing costs and fees, order counseling, and can award your vehicle to the protected person.
Strong Advocacy & Legal Counsel in Your Corner
As you can see, a domestic violence conviction can lead to serious penalties and restrictions that can have an enormous impact on your life. To ensure that your case is properly and aggressively defended in pursuit of the best possible outcome, we strongly advise that you reach out to T. Wray McCurdy, P.A. for its effective criminal defense representation and committed support throughout all phases of the criminal process.
Ours is one of the first criminal defense-focused firms to be founded in Baltimore County. That means that our attorneys practice nothing else but criminal law all day every day. Thus, we are well-versed in Maryland statute, court precedents, investigative procedure, and all other aspects of case preparation and trial practice. This experience has led to our founding attorney having earned the top peer-reviewed rating from Martindale Hubbell®, a legal industry organization. Furthermore, our attorneys have former prosecutor experience which can be invaluable in helping to understand how the state will prepare its case against you and how to counteract its actions.