While the Family Law sections of the Maryland code mostly focus on civil matters such as marriage, divorce and child support, there are a host of laws that carry criminal consequences upon violation. Most of these laws are located in Title 4 and Title 5 of the Family Law Code, which govern spouses and children respectively. The spouses title has a specific subsection that deals with domestic violence, and within that subsection are the laws that govern protective orders and violations of those protective orders. A protective order is Maryland’s version of a restraining order. Protective orders are similar to peace orders with the main distinction being that there must be some sort of relationship between the two parties. For example, the petitioner must assert that he or she is a current or former spouse of the respondent, a blood relative or that the parties have a shared child. Petitioners are also eligible to file for a protective order against anyone with whom they have lived with or had a sexual relationship with during the past year. If there is no relationship, then a peace order will need to be filed if a person requests relief. One exception to this rule is that a vulnerable adult can file a protective order against a person he or she does not have a relationship with. This would apply to care providers that are alleged to have committed an act of abuse.
Protective orders are a powerful tool to obtain the court’s assistance, but there is a high potential for abuse. Once a protective order is in place a respondent may temporarily lose possession of his or her home and custody of children. A respondent may also face the possibility of arrest if he or she is alleged to have violated a protective order. It is for this reason that a protective order or peace order should be handled by a criminal defense lawyer with trial experience. All protective orders state that a violation may result in criminal prosecution and potential imprisonment, and under Maryland law police officers are required to make an arrest if they have probable cause to believe there has been a violation and District Court Commissioners and even judges have been known to hold defendants without bail in cases. Benjamin Herbst is an experienced Maryland protective order lawyer who has helped hundreds of clients at all stages of the case from bail review to trial. He is available 7 days a week to discuss your matter at 410-207-2598.
The Family Law Code is also home to numerous laws regarding the protection of children, though the main laws governing child abuse crimes are located in the criminal law section of the Maryland Code. Crimes against children located within the Family Law sections include preventing or interfering with the making of a report of suspected child abuse or neglect, which is a misdemeanor that carries up to 5 years in prison. Confining an unattended child is a more common family law criminal offense, which carries a maximum penalty of 30 days in jail. The remaining crimes in the Family Law sections include kidnapping by a relative, which depending on the circumstances has a penalty ranging from 30 days in jail to 5 years in prison. The charges become more severe if the defendant is accused of taking the child out of state, and the offense becomes a felony if the child is taken outside of the country.