Maryland Domestic Violence Law

Domestic violence continues to be among the most pressing issues in Maryland law. Domestic violence cuts to the core of our humanity. Our close relationships are critically important in our lives. Domestic violence represents the breakdown of these relationships. In some cases, this breakdown can be irreversible, and domestic violence may signal the end of certain relationships. We’d go over some of the details of Maryland domestic violence law. Maryland addresses domestic violence more seriously than other case types. They tend to have different sanctions compared to other case types that can be both criminal and civil in nature.

Domestic Violence Involves “Household Members”

The relationship of the parties involved mainly defines domestic violence rather than the behavior itself. In other words, the thing which distinguishes a normal assault from domestic violence is how the parties are related. In Maryland law, domestic violence occurs when a perpetrator and a victim are part of the same “household”. Maryland law provides specific guidance on how to determine a person’s status in this way. A person is part of the same household as someone else when that person falls under one of these categories: spouse or former spouse, co-parent, romantic partner, familial relative (i.e. child in common), or living together. Simply put, if a perpetrator commits an offense against a household member, then domestic violence has occurred.

Domestic Violence Includes Assault & Other Offensive Behaviors

Most people think of domestic violence as battery. That is cases that involve actual physical injuries. In reality, though, domestic violence doesn’t only include battery. It also includes assault and other behaviors. Whenever someone is placed in a position of fear where fear is reasonable based on the perpetrator’s behavior, it is called an assault.For instance, a perpetrator threatens a household member with bodily harm. By doing so, the perpetrator raises his or her fist toward that household member.  We can be confident in saying that domestic violence has taken place. This is because, even though no battery occurred, we can safely assume that this incident would be classified as assault, and therefore domestic violence also.DV can take plenty of other forms, including harassment, stalking, verbal abuse, rape, and other manifestations.

Domestic Violence Cases Have Different Punishments

Domestic violence tends to have different punishments than other offenses. Mostly because victims often wish to drop charges after an incident. The familiar scenario involves a DV victim who makes a call to the police to stop an assault. Then later withdraws when it comes to actually pursue charges in court.In these types of situations, Maryland prosecutors will not always drop a charge, at a victim’s request. This is because, in many cases, there is objective evidence supporting the victim’s case. For instance, if the victim suffered real injuries, dropping charges is mostly equivalent to letting the perpetrator go without punishment. Furthermore, prosecutors often carry charges forward because they know that victims may still be in contact with perpetrators. Perpetrators may threaten victims to withdraw charges.Of course, victims still have the privilege of “marital silence” privilege whenever applicable. But prosecutors can still move forward with charges if they don’t need victim testimony.

Contact The Murphy Law Firm for More Information

If you’d like to learn more, reach out to The Murphy Law Firm today by calling 240-493-9116.