Getting Relief From Domestic Violence in Maryland

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Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

 

Domestic Violence Protective Order

 

Maryland law defines domestic violence as any of the following acts committed by “family members” or “household members:”  assault; any act that places a person in fear of imminent bodily harm; any act that causes bodily harm; sexual assault; stalking; and false imprisonment.  The court will examine the relationship of the parties to determine whether or not they qualify as family or household members.

 

Maryland law provides for a domestic violence protective order for victims of domestic abuse.  There are two types of orders - a temporary protective order and a final protective order.  A temporary order, which usually lasts up to 30 days, may be given to you on the day you file your Petition for a Protective Order if the judge believes you are in imminent danger.  A final protective order cannot be issued until the alleged abuser is given a chance to recount his or her side of the story.  The temporary order of protection will be issued for the length of time that you have to wait until your hearing.

 

After you file your Petition for a Protective Order, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are each provided with a chance to give your respective sides of the story, the judge will decide whether or not to issue a long term protective order.  If your petition is granted, it will run anywhere up to one year, though you may apply for a renewal which may be granted subsequent to a hearing.

 

If, after your hearing, you are granted a domestic violence protective order, it is likely to order the abuser to do the following things: stay away from you and your children; stay away from you and your children’s residence, workplace, school, and day care center; stop contacting you or your children; move out of the house; surrender any firearms to the sheriff’s office; pay for your legal fees; give you possession of any shared property that is necessary; and attend counseling. A domestic violence protective order is also likely to order child support and award you temporary custody of any children you have together. 

 

Finding Domestic Violence Resources

 

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

 

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

 

Resources for residents of Maryland who have been victims of domestic violence can be found here.