If I Get Charged with Domestic Violence, Can I Still See My Kids?

 Posted on February 26, 2026 in English

This is one of the first questions people ask when facing a domestic violence charge in Maryland. The fear of losing time with your children is real, and it is one of the hardest parts of this situation. The honest answer is that it totally depends.

A charge does not automatically mean you will lose the right to see your kids. But it can affect your access to them, at least for a while. What happens next depends a lot on how quickly you act and how well you are represented.

If you have been arrested or charged with domestic violence in 2026, do not wait. Our Frederick County criminal defense attorneys are available 24 hours a day, 7 days a week.

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What Is the Difference Between a Charge and a Conviction for Domestic Violence?

A charge means you have been accused of something. A conviction means a court found you guilty. These are two very different things. Being charged with domestic violence does not mean you will be convicted. And being charged does not automatically mean you lose custody of your children.

However, a charge can set other things in motion that do affect your time with your kids, especially if a protective order is involved.

What Is a Protective Order and How Does It Affect My Kids?

When someone reports domestic violence, they can ask the court for a protective order. This is sometimes called a restraining order. It is a civil court order, not a criminal one, but it can still have an impact on your life right away.

A protective order can require you to leave your home. It can order you to stay away from your children’s other parent. And importantly, it can also include rules about your children. Under Maryland law, specifically Maryland Family Law § 4-506, if a judge decides that your children's safety could be at risk, the court can restrict, limit, or supervise your time with them. That can start happening even before your criminal case is resolved.

Here is what makes this complicated: Getting a protective order issued against you does not require proof beyond a reasonable doubt. The standard of proof is much lower. An allegation alone, if the judge finds it believable, can result in a temporary protective order being issued. That order can go into effect the same day, sometimes within hours.

A protective order can:

• Give the other parent temporary custody of the children.
• Limit your visits to certain days, times, or locations.
• Require that your visits be supervised by another adult.
• Cut off contact entirely for a period of time in extreme cases.

The good news is that a temporary protective order is not permanent. You have the right to appear at a final protective order hearing, which in Maryland must be held within seven days of when the temporary order is served on you. This is your chance to tell your side of the story. This hearing matters a great deal, and you should not go to it alone.

How Do Maryland Courts Decide on Custody When There Are Domestic Violence Allegations?

In any custody case in Maryland, the judge's job is to figure out what is best for the child. That is called the "best interest of the child" standard. Under Maryland Family Law § 9-101.1, judges are required by law to consider any evidence of domestic violence when making custody decisions. A history of violence or a finding of abuse is taken very seriously.

This does not mean you automatically lose your parental rights. Maryland courts recognize that in most cases, children benefit from having a relationship with both parents. Even when a judge decides that unsupervised visits are not safe right now, they will often still allow supervised visitation.

Supervised visitation means you can still spend time with your children, but another adult must be there. That supervisor might be a family member, a trusted friend, or a staff member at a visitation center.

New Maryland custody laws that took effect in October 2025 also mean that judges are now required to explain their decisions in writing. That added step gives parents a clearer picture of what the court is thinking, and it gives a defense attorney a better foundation for challenging a decision if needed.

Call a Frederick County, MD Domestic Violence Defense Lawyer Today

Your relationship with your children is worth fighting for. Our Anne Arundel County domestic violence defense attorneys at Law Offices of Mallon Snyder have more than 45 years of experience handling these cases and we are available around the clock.

We offer free consultations so you can understand your options before making any decisions. Call the Law Offices of Mallon Snyder at 301-762-7500 any time, day or night.

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