Baltimore Domestic Violence Attorneys

Lawyers Defending Clients Against Domestic Violence Charges in Baltimore, MD

Domestic violence is a pervasive issue that can have a lasting impact on victims, alleged perpetrators, and their families. Historically, domestic violence was viewed as a "private family matter" in which the state ought not involve itself. However, as society has progressed over the last few decades, so have the laws surrounding domestic violence. Domestic violence cases are now among the most aggressively prosecuted cases in the court system, and civil remedies such as protective orders and peace orders are more common than in past decades.

Domestic violence cases often involve both criminal law and family law, and they may involve complex challenges that will require a multifaceted legal strategy. For example, the same act can result in both criminal charges and either a protective order or a peace order. In such a situation, it is important to retain a law firm with experience in both criminal law and family law that can provide comprehensive legal representation. At Silverman Thompson, we can ensure that clients will have the representation they need as they address all of these issues.

What Are Protective Orders and Peace Orders?

Protective orders and peace orders are both civil proceedings. If granted, a protective order or a peace order will order the offending party (referred to as the "respondent") to stay away from the filing party (referred to as the "petitioner"). There are several differences between protective orders and peace orders, but the main differences relate to the relationship between the parties and the acts that can be the basis for an order.

Protective orders are designed for a petitioner with a specific relationship to the respondent. In the protective order context, a "person eligible for relief" includes:

• The respondent's current spouse or their former spouse
• A person who lives in the same home as the respondent
• A person who is related to the respondent genetically, through marriage, or through adoption
• The respondent's parent, child, stepparent, or stepchild, as long as that person currently resides with the respondent or resided with them or with another person eligible for relief for 90 days or more within the previous year before the petition was filed
• A person who is considered to be a vulnerable adult, such as someone who is physically or mentally disabled
• A person who shares a child with the respondent, regardless of whether they are married to the respondent or have ever been in a romantic relationship
• A person who was involved in a sexual relationship with the respondent during the previous year before the petition was filed
• A person claims to be a victim of sexual assault, rape, a sexual offense, or an attempt to commit one of these offenses within the six months prior to filing the petition, as long as the respondent is the person who allegedly committed the offense

If a person does not fall within the specified relationships of a "personal eligible for relief" for a protective order, that person may be eligible for a peace order.

The Basis for a Protective Order

The acts that can form the basis for a protective order are codified in Md. Code, Family Law § 4-501(b). A petitioner may claim that abuse has occurred or is likely to occur, and protection is needed to prevent future abuse. In the context of protective orders, "abuse" can be any of the following acts:

• Any act that has allegedly caused a person to experience serious bodily harm
• Any act that has allegedly caused the person eligible for relief to fear that they would suffer a serious injury
• Assault
• Rape or a sexual offense or an attempt to commit one of these offenses
• Stalking
• False imprisonment
• Revenge porn
• Abuse of a child
• Abuse of a vulnerable adult

The Basis of a Peace Order

The acts that can form the basis for a peace order are codified in Md. Code, Courts and Judicial Proceedings § 3-1503(a). There is some overlap between the bases for a protective order and the bases for a peace order.

The bases for a peace order may be as follows:

• Any act that has allegedly caused a person to experience serious bodily harm
• Any act that has allegedly caused the petitioner or the petitioner's employee to fear that they would suffer a serious injury
• Assault
• False imprisonment
• Harassment
• Stalking
• Trespassing
• Malicious destruction of property
• Misuse of telephone facilities and equipment
• Misuse of electronic communication or interactive computer service
• Revenge porn
• Visual surveillance

Is My Domestic Violence Case Civil or Criminal?

There are other differences between protective orders and peace orders beyond the differences summarized above. If you have specific questions about the differences between protective orders and peace orders, contact the team at Silverman Thompson.

The acts listed above that may serve as the bases for protective orders and peace orders can also result in criminal charges, in addition to either a protective order or peace order. Although the same act can result in both criminal charges and either a protective order or peace order, it is important to note that the standard of proof a court or jury will apply in deciding the case differs between a criminal case and a protective order or peace order.

In a criminal case, the defendant must be found guilty beyond a reasonable doubt to be convicted. In protective order and peace order cases, a judge must find that the respondent committed the prohibited act by a preponderance of the evidence in order to enter a protective order or peace order. This is a lower standard of proof that essentially means more likely than not.

Why You Need an Experienced Criminal Defense and Family Law Attorney

Protective order and peace order cases move through the court system more quickly than criminal cases. They are often resolved before a criminal case goes to trial. Any testimony given or evidence admitted in a protective order or peace order case can be used by the prosecution in a related criminal case. For this reason, it is important to retain a law firm with experience in both criminal law and family law to determine the most effective legal strategy for your unique situation.

Our domestic violence team is headed by Senior Partner and former Assistant State's Attorney Brian G. Thompson. As a state prosecutor, Mr. Thompson was tasked with creating a Domestic Violence Unit to track and more aggressively prosecute these matters. As a full-time criminal defense attorney since 1998, Mr. Thompson has handled thousands of these cases in Baltimore City, Baltimore County, and throughout the state. Mr. Thompson's extensive experience in these matters is complemented by other members of the Silverman Thompson Criminal Defense Team, including Managing Partner Steve Silverman and Partners Andrew White, Creston Smith, Kurt Nachtman, Patrick Seidel, Eric Bacaj, and Marshall Henslee, who have also successfully defended thousands of these matters.

Our family law team is headed by Senior Partner Monica L. Scherer. Ms. Scherer has decades of family law experience representing both petitioners and respondents in protective order and peace order proceedings.

Contact Our Baltimore, Maryland Domestic Violence Lawyers

Our criminal defense and family law teams work collaboratively to assist clients as they address criminal prosecution related to domestic violence and protective order or peace order cases. Please contact our Baltimore domestic violence defense attorneys at 410-385-2225 for a free consultation.