What is domestic violence? Domestic violence is any form of violence among family members or people who live together. This includes spouses, partners, children, boyfriend/girlfriend, siblings, etc.
A person charged with acts of Domestic Violence can face criminal punishment for the crime (Assault, Rape, Threats, Stalking, etc.). The charges can involve misdemeanors and/or felonies. Depending on the crimes, the penalties can involve up to 25 years in prison. Even misdemeanors can involve jail time, probation, “abuser treatment,” and community service.
Alleged victims of Domestic Violence can also get protection by seeking a Protective Order pursuant to Maryland Code, Family Law, Section 4-501 et. seq. Protective Orders can last up to 12 months and are granted when a person eligible for relief suffers “Abuse”. “Abuse” means; (i) an act that causes serious bodily harm; (ii) an act that places a person eligible for relief in fear of imminent serious bodily harm; (iii) assault in any degree; (iv) rape or sexual offense under § 3-303, § 3-304, § 3-307, or § 3-308 of the Criminal Law Article or attempted rape or sexual offense in any degree; (v) false imprisonment; (vi) stalking under § 3-802 of the Criminal Law Article; (vii) revenge porn under § 3-809 of the Criminal Law Article.
A person is eligible for a Protective Order from; (1) the current or former spouse; (2) a cohabitant;(3) a person related by blood, marriage, or adoption; (6) an individual who has a child in common with the alleged abuser; (7) an individual who has had a sexual relationship with the alleged abuser within 1 year before the filing of the petition.
If a Protective Order is issued, the alleged abuser can be kicked out of his/her home, be ordered to have no contact with the petitioner, be required to go to counseling, and be subject criminal prosecution for violating the Protective Order.
Women tend to be more victimized than men as over 1.5 million women are raped or assaulted by their spouses/partner every year. 1 out of 4 women in this country are a victim of domestic violence during their lifetime. That is 25% of women in America that experience domestic violence.
Domestic Violence cases are often “he said, she said.” A proper evaluation of the facts and circumstances of each case can be the difference between winning and losing, success and failure, freedom or jail. You need to hire an attorney that is experienced, knowledgeable and will be on your side immediately. Attorney David Felsen has over 32 years of experience in Maryland courts and has established key relationships with prosecutors and law enforcement. Mr. Felsen is recognized as a Maryland Super Lawyer, has an AV (Highest) rating, and listed as one of Bethesda Magazine’s Top Lawyers.
For more information about Domestic Violence, and to schedule your free consultation, contact Maryland Criminal Defense Attorney David Felsen, at Felsen & Sargent, 600 Jefferson Plaza, Suite 201, Rockville, Maryland 20852, or call 301-251-4010.
Call us today at (301) 251-4010. We have helped hundreds like you and will make sure you get justice.