Takoma Park, Maryland Domestic Violence Defense Lawyer

Attorney for Domestic Violence Charges and Protective Order Defense in Takoma Park

Due to concerns about the safety of people who may experience abuse, accusations of domestic violence are taken very seriously by everyone who may become involved in a case. A person may be arrested for a domestic violence offense because of a heated family argument, an accusation made during a divorce, or other situations where someone claimed that violence, abuse, threats, or harassment occurred. By the time a person is released from police custody, they may not only need to deal with criminal accusations, but court orders may prevent them from returning to their home or speaking to their family members.

Because of the serious nature of these cases, people who are facing charges related to domestic violence will need to determine what steps to take as they defend themselves. At the Law Offices of Mallon Snyder, our attorney can provide representation during legal proceedings while helping people understand how they can resolve these issues and move forward while minimizing any restrictions on their life and avoiding ongoing legal problems related to their families.

Who Is Protected Under Maryland's Domestic Violence Laws?

Before examining the reasons that people may face domestic violence charges, it is important to understand who the law considers to be in a domestic relationship. For the purposes of criminal charges involving domestic violence or protective orders to help prevent harm, domestic relationships may include anyone who is related genetically or by marriage. They also include people who are or have been in romantic relationships, such as spouses and ex-spouses, partners who currently live together or have lived together in the past, people who are currently dating or have previously dated each other, or parents who have a child in common. Anyone else who lives together in the same home may also fall under the category of domestic relationships.

Conduct That Can Lead to Domestic Violence Charges

Offenses that fall under the category of domestic violence may include any charges related to actions that a person has allegedly taken against someone with whom they are in a domestic relationship. These charges may apply if arrests are made following situations such as:

Physical Altercations

Domestic violence charges may be based on physical contact that allegedly occurred between people in a qualifying relationship. A physical fight between spouses or other family members may have involved a push, a slap, or other forms of intentional physical contact. In these cases, a person could be arrested and charged with assault.

Threats and Intimidating Behavior

Physical contact is not required for a person to be arrested for domestic violence. Assault charges may also apply if a person allegedly engaged in conduct that caused a family member to fear that they would suffer harm. Shouting threats during an argument, sending threatening text messages, or making statements that cause someone to fear for their safety could result in an arrest and criminal charges.

Stalking and Harassment

When a relationship ends, and one party continues contacting the other party even after being asked to stop, that person could face charges of stalking or harassment. Stalking may involve repeated conduct that causes someone to fear that they will suffer harm, as well as actions that are meant to cause emotional distress. Repeatedly waiting for someone outside of their home or workplace or sending threatening or abusive messages through social media or texts are examples of behavior that could lead to stalking charges. If a person's behavior did not rise to the level of stalking but involved repeated contact that was intended to annoy someone or cause alarm, they could be charged with harassment.

Protective Orders in Domestic Violence Cases

When a person has been accused of an offense that falls under the umbrella of domestic violence, the alleged victim or the law enforcement officials involved in a case may take steps to put a protective order in place. These orders are meant to prevent domestic violence from occurring by prohibiting a person from engaging in violent or threatening behavior and restricting them from taking certain actions, such as contacting or going near the alleged victim.

In situations where violence or abuse has allegedly occurred, or a person believes that they are at risk of harm due to domestic violence, an emergency petition for a protective order may be filed. A judge will review the case and determine whether a temporary protective order may be put in place. In many cases, these temporary orders will be issued without notifying the alleged abuser or giving them the chance to address the accusations against them.

A temporary protective order will usually last for up to 30 days, and a hearing will be scheduled where both parties can provide evidence and testimony, and a judge will decide whether ongoing protections are necessary. If the judge decides to put a final protective order in place, it may last for up to two years.

The terms of a protective order can affect nearly every part of a person's daily life. A person who has been accused of domestic violence may be ordered to vacate their home and turn over certain property to the alleged victim. They may be prohibited from making any form of contact whatsoever with the alleged victim or their children. Financial support obligations may be put in place, and other restrictions and requirements may also apply. Any violations of the terms of a protective order may result in additional criminal charges, and they could also influence a criminal case related to allegations of domestic violence.

Contact Our Takoma Park Domestic Violence Defense Attorney

After an arrest for domestic violence or the issuance of a protective order, legal representation can be essential. Taking the right steps in these situations can help a person prevent restrictions that could affect their daily life while protecting their rights and avoiding a criminal conviction. At the Law Offices of Mallon Snyder, our attorney will provide an honest assessment of a situation, help a client determine the best steps to take to resolve a case successfully, and advocate for solutions that will preserve their family relationships. Contact our Takoma Park, MD domestic violence and protective order defense lawyer at 301-762-7500 to schedule a free consultation.