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Could I go to jail for a violation of a Peace or Protective Order?
Typical scenario: The Petitioner has obtained a protective or peace order against you from a Court in Maryland. This order contains a no-contact provision and other provisions defining the nature of contact between you and the Petitioner. The Petitioner then alleges...
What is the crime of second degree assault in Maryland?
In the State of Maryland, the Legislature determined that there are two degrees of assault: First Degree Assault and Second-Degree Assault. The Legislature codified what constitutes each and what penalties a person can face if found guilty of assault. Here are three...
WHY THE ENTRY OF A PROTECTIVE ORDER AGAINST YOU COULD HAVE THE SAME EFFECT AS IF YOU WERE CONVICTED OF A CRIME
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...
Parent commits ‘Mental Injury of a Child’ by berating child over child’s sexual orientation
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....
Electronic Stalking in Maryland
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...
What to Do If Revenge Porn Happens to You
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...
WHAT ARE THE PROFESSIONAL AND PERSONAL RISKS OF A PROTECTIVE ORDER?
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...
Witness Testimony is Evidence That May Make or Break Your Case
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...
Maryland’s Changing Legal Landscape Over Possession of Marijuana
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)....