712, 2023

WHY THE ENTRY OF A PROTECTIVE ORDER AGAINST YOU COULD HAVE THE SAME EFFECT AS IF YOU WERE CONVICTED OF A CRIME

December 7th, 2023|Peace and Protective Orders|

Under Maryland Law, a Petition for a Protective Order, as well as the granting of a Temporary or Final Order, are part of civil procedure.  In a protective order case, the Petitioner files for protection from the Respondent, and at the hearing the police and the Office of the States Attorney are not […]

712, 2023

Appellate Court of Maryland Decides Important Protective Order Case Issue: Parent commits ‘Mental Injury of a Child’ by berating child over child’s sexual orientation

December 7th, 2023|Peace and Protective Orders|

In the case of C.M. v. J.M., Maryland’s mid-level appellate court recently decided in a published Opinion that a parent’s demeaning comments about his two adolescent children’s sexual orientation could serve as the basis for the granting of a final protective order. The court decided that a father who had repeatedly communicated in […]

3011, 2023

Electronic Stalking in Maryland

November 30th, 2023|Criminal Defense|

In the 2022 General Assembly session, the Maryland Legislature expanded the law of Stalking.  In response to decisions in the courts and to public sentiments against stalking behavior through electronic devices, Maryland lawmakers added a new provision to the Stalking law, which included cyberstalking as a potential basis for the criminal charge of […]

2804, 2023

What to Do If Revenge Porn Happens to You

April 28th, 2023|Uncategorized|

Imagine you are at the beach in Ocean City, Maryland with your wife and children. It’s a beautiful summer day and you take a “selfie” of yourself and your family to have a memory of the day.   There are other beachgoers in the background of your picture.  You decide that the picture looks […]

211, 2022

WHAT ARE THE PROFESSIONAL AND PERSONAL RISKS OF A PROTECTIVE ORDER?

November 2nd, 2022|Peace and Protective Orders|

Protective Orders in the State of Maryland arise in a civil proceeding in which the Petitioner must establish, by a preponderance of the evidence, that domestic abuse occurred against him or her. Often, the person who caused the abuse is ordered to stay away from the person who was harmed, as well as […]

706, 2022

Witness Testimony is Evidence That May Make or Break Your Case

June 7th, 2022|Uncategorized|

Everyone relates best to the testimony of a witness sitting just a few feet away from them. Data shows that the in-court testimony of a witness can still make or break your case with judges and juries. As such, a trial lawyer’s job consists of using his side’s witnesses to help him tell […]

102, 2022

Maryland’s Changing Legal Landscape Over Possession of Marijuana

February 1st, 2022|Criminal Defense|

Marijuana laws in the United States are currently an ever-changing patchwork.  Bills have been introduced in Congress to legalize marijuana and a number of states have legalized medical marijuana (37 states & DC) and recreational marijuana (18 states & DC). While Maryland has a medical marijuana law, generally marijuana is still considered contraband […]

101, 2022

How to Testify Effectively in Court

January 1st, 2022|Criminal Defense|

If you find yourself as a witness or party to a case in court, adopting the suggestions we offer may improve the strength of your testimony. This article offers you several skills to employ. It is not a substitute for more intensive preparation offered by a skilled trial lawyer:

1)  Dress neatly and conservatively.  […]

112, 2021

Can Someone Modify or Rescind a Protective Order?

December 1st, 2021|Peace and Protective Orders|

If a Protective Order is in place, a Court can modify or rescind (void) it at any time during the term that the Order is in effect upon a showing of “good cause”.

Under Maryland Law, a Court can issue a Final Protective Order for up to one year.  Any requested modification can be […]

111, 2021

2021 CHANGES TO MARYLAND PROTECTIVE AND PEACE ORDER STATUTES

November 1st, 2021|Peace and Protective Orders|

Protective Orders

Under Md. FAMILY LAW Code Ann. § 4-501, et seq., a new category of persons eligible for relief has been added.  This change by the legislature now permits “an individual who alleges that the respondent committed, within 6 months before the filing of the petition, rape or a sexual offense in any […]

109, 2021

Top Legal Questions for Victims of Domestic Violence

September 1st, 2021|Peace and Protective Orders|

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 […]

107, 2021

WHAT QUALIFIES AS PAIN AND SUFFERING IN A PERSONAL INJURY CASE?

July 1st, 2021|Personal Injury|

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 […]

306, 2021

What To Do If You Are In A Car Accident

June 3rd, 2021|Personal Injury|

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 […]

106, 2021

Your Protective Order Case: What is Emergency Family Maintenance?

June 1st, 2021|Peace and Protective Orders|

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 […]

105, 2021

Ten Steps to Obtaining a Protective Order

May 1st, 2021|Peace and Protective Orders|

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 […]

104, 2021

Extreme Risk Protective Orders

April 1st, 2021|Peace and 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 […]

103, 2021

Common Questions About Peace and Protective Orders in Maryland

March 1st, 2021|Peace and Protective Orders|

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 […]

102, 2021

What Is the Difference Between a Peace Order and a Protective Order?

February 1st, 2021|Peace and Protective Orders|

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 […]

101, 2021

Do Peace Orders Go on Your Record?

January 1st, 2021|Peace and Protective Orders|

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 […]

112, 2020

How To Fill Out A Financial Statement For EFM

December 1st, 2020|Peace and Protective Orders|

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, […]

1211, 2020

How an Attorney Helps a Crime Victim Win in Court

November 12th, 2020|Criminal Defense|

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 […]

910, 2020

October Update on Maryland Courts

October 9th, 2020|Uncategorized|

Published October 9, 2020 by Marc Emden

All Courts in Maryland are slowly reopening their doors to members of the public.

Jury trials for example have begun to take place throughout several counties in the State of Maryland, like Montgomery and Frederick Counties and Baltimore City

Many […]

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