Defend Against Domestic Violence: Legal Steps

Domestic violence is a recurring pattern of abusive behavior within a relationship, employed by one or both partners, often to gain or maintain power and control over the other person. This abuse can manifest in various forms, including emotional abuse, sexual violence, physical violence, and psychological violence. The severity and frequency of domestic violence can vary by situation, leading to psychological trauma, bodily injury, negative generational patterns, and even death.

Domestic violence can affect anyone, regardless of gender, race, age, nationality, or sexual orientation. According to the National Coalition Against Domestic Violence, 1 in 4 women and 1 in 9 men experience severe intimate partner physical violence, sexual violence, or intimate partner stalking with impacts such as injury, fearfulness, post-traumatic stress disorder, contraction of sexually transmitted diseases, etc. Furthermore, according to the National Child Traumatic Stress Network, more than 15 million children in the United States live in homes where domestic violence has occurred at least once. The effects on these children can include developmental delays, increased aggression, anxiety, depression, and difficulties in school. It's crucial to understand your legal options if you find yourself or others in a domestic violence situation.

Immediate Actions for Safety

If you are in a domestic violent relationship, there are immediate actions you can take to ensure your safety:

1. Contact Emergency Services: Call the police for immediate assistance.

2. Seek Anonymous Help: Reach out for help 24/7:

• National Domestic Violence Hotline at 1-800-799-7233 (SAFE) or 1-800-787-3224 (TTY). 
• RAINN (Rape, Abuse and Incest National Network) at 800-656-HOPE (4673). Live chat available 24/7
• Love Is Respect at 1-866-331-9474 or text “LOVEIS” to 22522. Live chat available 24/7
• House of Ruth Maryland 24 Hour Hotline: Call 410-889-7884 Legal Hotline: 888-880-7884

Creating a Safety Plan

Another important step for ensuring safety from a domestic violent relationship is to create a safety plan. A safety plan is a guide to help ensure your safety and prepare for emergencies. Key components of a safety plan include but aren’t limited to:

• Legal Protection: Obtain protective orders.
• Safe Areas: Identify safe areas in your home where you can escape.
• Emergency Bag: Prepare an emergency bag with essentials.
• Code Words: Establish code words to communicate with trusted individuals.
• Trusted Contacts: Inform trusted people about your situation.
• Emergency Contacts: Keep emergency numbers handy.
• Support Groups: Connect with support groups.
• Children and Pets: Plan for the safety of children and pets if applicable.

Maryland has a three-step process for a final protective order:

Interim Protective Order

An interim protective order offers the petitioner (victim) immediate protection if the court clerk’s offices are closed in both circuit and district courts. A petitioner can file for an interim order by going to the District Court Commissioner's office, which is open and available 24 hours a day, 7 days a week. An interim order is effective once a law enforcement officer serves the respondent (abuser). This order remains valid until a judge conducts a temporary protective order hearing, which generally takes place within a few days.

Temporary Protective Order 

A temporary protective order is granted by the judge during normal court hours, 8:30 am-4:30 pm, and can be issued the same day without the presence of the respondent. A temporary protective order is valid for seven days until a hearing for the final protective order. If the respondent is not in court, law enforcement will serve them with a copy of the temporary protective order. If an interim protective order is already in effect and the respondent is present in court, they can be served there; otherwise, the order will be mailed. The judge can extend the temporary order as needed, but not beyond six months.

Final Protective Order

After the petitioner and the respondent have the opportunity to present their case at a full court hearing. If the judge believes that the abuse has occurred or if the respondent agrees to the protective order, it will be granted. A final protective order typically lasts up to one year. It can extend to two years if the petitioner had a previous order against the respondent lasting at least six months and the abuse recurred within one year of the old order's expiration, or if the respondent consents to the two-year order within one year after the prior final protective order expired. Final orders can also be extended, and under certain circumstances, it may be possible to request a permanent protective order.

Legal Support and Resources

Victims and those accused of domestic violence face serious legal consequences, such as protective orders and criminal charges. It's crucial to provide evidence when seeking a protective order, as violations carry significant ramifications. Z Family Law offers support and legal representation for both victims and accused individuals, ensuring they navigate the legal complexities effectively.

In Conclusion

If you are in a domestic violence relationship, seeking help as soon as possible is critical. In Maryland, numerous legal options and resources are available to protect you. By utilizing protective orders, legal aid, and support services, you can take essential steps toward ensuring your safety and well-being. Remember, you are not alone—many people and organizations are ready to assist you in escaping the cycle of abuse and reclaiming your life. Don't hesitate to reach out and seek the help you deserve. If you need help seeking legal protection from violence call Z Family Law at (301) 781-6683 to speak to our qualified attorneys.