Many safety concerns exist between the alleged criminal and a victim of domestic violence.
- The perpetrator of the domestic violence has an extensive access to the victim. They may both live together, or have a consistent contact with each other for doing parental rights. If they are not living together, the criminal somehow knows the daily routine of the victim or has ready means to go about her whereabouts.
- Domestic violence perpetrators operate on a pattern of social, physical, psychological and/or economic control over their intimate partners. Many of such abusers who sees loose of control over their partners resort to physical violence to regain it. Appropriately, a courts mediation in such abusive behaviour may elevate the risk of violence for everyone concerned with the case.
- Domestic violence usually happens at home, where the witnesses are in control by the abuser. Such happenings is a predicament evidence process, as well as the victim to participate in it. This may also cause the victim to appear “crazy” to outsiders who in that case does not know how to discern the “craziness” as a normal reaction to the abuse.
In Maryland, prosecutors do not take domestic violence charges lightly and neither should you. Domestic violence laws pose unique challenges to defendants. It is possible to be arrested, charged and convicted in a domestic abuse case where the other party was equally at fault in the argument or there was an innocent explanation. Furthermore, prosecutors are the ones who press charges, not the alleged victims. This means that you can be convicted of domestic abuse even if the alleged victim says you never committed it.
At Scott MacMullan Law we are committed to protecting your rights in these sensitive legal matters. In Maryland, victims of domestic violence can get protection any time of day, seven days a week. During business hours, you may obtain an ex parte temporary protective order from the district court or circuit court. This order is valid for seven days.
On weekends or holidays, you may be granted an interim protective order which is valid for two days. Before that order expires, you may have a hearing to be granted a temporary protective order.
When a temporary protective order is granted, you will have a hearing within one week, in which a judge will decide if a final protective order will be granted. Protective orders make it illegal for the alleged abuser to have contact with you, and may affect child custody, visitation and support matters.
Scott MacMullan represent clients on both sides of this issue. We are committed to helping victims of domestic violence, as well as those who are facing accusations of domestic abuse.