In Maryland, domestic violence is a heinous crime in which harm is inflicted on current or former members of the same household. These infractions include hefty penalties and could result in the termination of parental rights in some cases. Under Criminal Law in Bel Air MD, the victims of these crimes may acquire legal protection against their attackers.
Defining Domestic Violence
Domestic violence is defined as any act in which immediate and serious bodily harm was the intention. It includes assault, sexually-based offenses that were attempted or successful, stalking, and false imprisonment. The relationship between the victim and their attacker has strong bearings on how these cases proceed.
Who are Victims of Domestic Violence?
Victims of domestic violence include spouses whether current or former. Victims with any relation to their attacker by blood, adoption, or through marriage. Any child who lived with the defendant biological parent or stepparent for at least three months of any calendar year. It also includes caregivers and adults who are vulnerable due to age, mental capacity, or disability. It also includes individuals who have or had a sexually-based relationship during the previous or current year.
Obtaining a Protective Order
The victim of domestic violence may petition the court to obtain a protective order. However, they must present records of previous charges filed against their attacker or existing physical evidence of the attack. Once the court reviews the evidence, a protective order is assigned.
Child Custody in Protective Orders
If the protective order is for a child, the parent who isn’t identified in the order by file for full custody of the child. If the offense was sexually-based, it is possible for them to file a motion to terminate the defendant’s parental rights after incarceration.
Maryland laws protect victims of domestic violence. They identify these victims as members of the same household in which physical or sexual abuse was the intention. Once a protective order is issued any violation of the order is contempt of court and will incur additional charges against the attacker.Under Criminal Law in Bel Air MD, victims have the right to contact an attorney to help them acquire legal protection. Victims of domestic violence may contact Maria Caruso Bel Air MD, for assistance.
