The criminal code in Maryland is concerned with protecting those who are vulnerable to the actions of others. This can include family members and close acquaintances. If these people believe they have been the target of a crime, they can act to file a restraining order against an alleged perpetrator. This can bring harsh consequences, even if you manage to avoid a conviction.
An Upper Marlboro domestic violence lawyer is ready to defend your rights from day one. A criminal defense attorney will argue against the necessity of a restraining order and fight back against the criminal charges at the core of your case. This will allow you to address the charges with minimal disruption to your life and avoid criminal penalties.
Examples of Incidents that May Involve Domestic Violence
Unfortunately, many incidents involving the alleged commission of violence against another may fit under the umbrella of domestic abuse cases. This is because the identity of the alleged victim and their relationship with the defendant labels an offense as one of domestic violence.
How the Law Defines an Incident of Domestic Abuse
An incident of domestic violence, or family abuse as the law calls it, affects a family member or another person close to the alleged perpetrator. According to Maryland Family Law § 4-501, these people include spouses, children, people with whom a defendant has a child in common, parents, and people living together.
When police respond to a disturbance for an alleged assault, for example, and determine the supposed victim fits into the category of people eligible for relief as defined above, they will mark the case as one involving domestic abuse. An Upper Marlboro attorney could provide more information about what domestic violence means and its impact on the case moving forward.
Providing Diligent Defenses Against all Accusations of Domestic Violence
People facing accusations of domestic violence must be prepared to defend themselves at every opportunity. Courts hearing these cases can issue a restraining order limiting a person’s freedom before a case goes to trial.
Maryland Family Law § 4-505 states a court can issue these orders if there is a reason to believe the defendant poses a present and future threat to the alleged victim. These orders will require the defendant to cease all contact with the supposed victim. In addition, you can be ordered to vacate the home if the abused person lives there. It is clear how this could affect a person’s employment, living arrangements, or ability to spend time with children. A domestic violence lawyer in Upper Marlboro will fight to dissuade a court from imposing these restrictive orders.
Of course, we also aim to defeat the criminal charges at the center of the case. Whether these involve an alleged assault, stalking, sex abuse, or any other form of violence, we work to develop a defense strategy that limits a potential penalty or fight for an outright acquittal.
Talking with an Upper Marlboro Domestic Violence Attorney Could Help to Protect Your Present and Future
People facing charges related to alleged incidents of domestic violence need to act swiftly to protect themselves. As early as an initial court appearance for an arraignment, an alleged victim or a prosecutor may ask the court to impose a restraining order that limits your ability to work, attend school, or spend time with your family.
At the same time, you need to approach the criminal case at the center of the matter from a position of strength. Defeating the prosecutor’s case requires you to obtain evidence of your own, speak with witnesses, and create reasonable doubt in the minds of jurors. An Upper Marlboro domestic violence lawyer is ready to help in both these areas. We work to protect your ability to live your life as you wish while protecting you from a conviction that can have long-term consequences. Reach out to our office now to learn more.