Top Legal Questions for Victims of Domestic Violence
What exactly is meant by the term Domestic Violence?
When most people hear the term “domestic violence,” they often assume some physical abuse is occurring. According to experts, domestic violence is measured by fear and not just physical violence. It is perhaps best understood as any abusive behavior that occurs within the home, whether the abuse is physical, emotional, psychological, financial, or even sexual abuse. Often, the abuse is a combination of two or more of these factors. The abuse can […]
WHAT QUALIFIES AS PAIN AND SUFFERING IN A PERSONAL INJURY CASE?
Personal injury attorneys often advertise that they will “get you paid” for your pain and suffering. But what exactly does “pain and suffering” mean in a legal sense, and how do you prove or demonstrate pain and suffering?
Most automobile accidents result in injuries, even if they do not result in life-threatening or life-altering injuries. Even if your injuries are relatively minor, the mere fact that you have been subjected to an injury by an at-fault driver may entitle you […]
Can You Drop a Protective Order?
It is all too common that a spouse files a petition for a protective order in the heat of the moment, then upon reflection wishes to withdraw his/her petition. Is there a legal way to drop a protective order?
Dropping The Interim Or Temporary Protective Order
In Maryland, when you file a petition for a protective order, you are seen that day by a judge or commissioner who will, in most cases, grant […]
What To Do If You Are In A Car Accident
Every day on Maryland roads, drivers are involved in traffic accidents. Many accidents are minor fender-benders, but more serious ones can result in serious damage to property as well as injuries or even death. The Maryland Motor Vehicle Administration (MVA) reported that in 2019, 32,918 people were injured in car accidents in the State of Maryland and there were 492 fatalities.
Has this happened to you? If you have ever been in an accident caused by the negligence of another driver, you […]
Your Protective Order Case: What is Emergency Family Maintenance?
What happens in a protective order case when you are asked to pay “support” money when the protective order lasts? Or you require money to support yourself and your family after the court has ordered the parent of your children out of the house for one year.
Support for minor children or of a spouse is called Emergency Family Maintenance (EFM)?
Under Md. Family Law Code Ann. § 4-506 a judge may:
“award emergency family maintenance as necessary to support any person […]
Ten Steps to Obtaining a Protective Order
Whether you have been threatened with violence by a household member or have been falsely accused of committing a violent act against a member of your family, you should acquaint yourself with the Maryland Protective Order process. A Maryland protective order is a type of restraining order which can be issued by a Judge in order to protect a victim from an alleged abuser. Here are ten steps for obtaining a Protective Order:
1. Determine if your situation meets the criteria:
Extreme Risk Protective Orders
In 2018, the Maryland Legislature passed a bill signed into law by Governor Hogan creating Maryland’s Extreme Risk Protective Order (ERPO). This kind of protective order is specific to a person who poses an immediate and present danger of causing personal injury to self or others by having firearms. This kind of temporary order has not been found to be violative of Second Amendment privileges.
An ERPO is a civil temporary order that requires the person to surrender any firearms […]
Common Questions About Peace and Protective Orders in Maryland
Q: What is an Emergency Protective Order or Peace Order?
A: This is a term some people use to refer to Protective Orders and Peace Orders. There are no such terms as Emergency Protective or Emergency Peace Orders in Maryland. All such orders are obtained the same way and issued on an emergency basis.
Q: Where do I file a Petition for a Protective Order or Peace Order?
A: You should file for your Petition in the District Court in the county […]
What Is the Difference Between a Peace Order and a Protective Order?
When a person in Maryland feels like they are being threatened, harassed, or abused by another person, there are two ways the person can petition a court for relief: through a peace order or a protective order. But what is the difference?
A Protective Order is a type of restraining order which can be issued by a Judge in order to protect a victim from an alleged abuser. Protective orders may be filed at any time […]
Do Peace Orders Go on Your Record?
What if you are the person falsely accused of harassment who is served with a temporary peace order in Maryland? Does this go on your “record”?
Under Maryland law, anyone may petition a court or commissioner to request a halt to what they believe is abusive, threatening, harmful, or harassing behavior as defined in Md. Courts & Judicial Proceedings Code Ann. § 3-1503. If the judge or commissioner finds that there are reasonable grounds to grant the […]
How To Fill Out A Financial Statement For EFM
If you are the prevailing partner in a protective order case, you may qualify for Emergency Family Maintenance (EFM). You may know that in any case involving a child or children, or in a case where the partners are married, you are entitled to ask the Court for Emergency Family Maintenance. However, before a Court will order EFM you must prove to the Court both your needs and those of your minor children, as well as the other party’s […]
How an Attorney Helps a Crime Victim Win in Court
In Maryland, victims of crime have important rights. Maryland Criminal Procedure Article § 11-1002 offers guidelines for helping victims of a crime, declaring that they should be treated with “dignity, respect, courtesy, and sensitivity”.
Unfortunately, due to heavy caseloads, crime victims are sometimes lost from the view of those who are responsible for prosecuting their offender. In fact, most crime victims are unaware of their rights and are never apprised of the legal rights and services available to them.
Why a Crime […]
