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Maryland Domestic Violence Law: Recent Change to Maryland’s Domestic Violence Statute Includes Protection for Family Pets

April 14th, 2011

By: Kate McDonough, Esq.

In August 2009, an Anne Arundel County man was sentenced to a maximum sentence of three years in prison for killing his girlfriend’s 3-month-old terrier puppy.  The Defendant, Donte W. McCreary, brutally killed the 4 pound dog in front of his girlfriend because, according to prosecutors, McCreary thought that she loved the dog more than him. This startling event was only one occurrence in the couple’s two year history of domestic violence. It is also a tragic, frightening reminder that the fear and abuse relating to domestic violence can harm adults, children and even family pets.

According to the Domestic Violence Pet Haven, more than 1 million pets of domestic violence victims and sexual assault victims are killed each year by the abusers and oftentimes in horrific ways. Many victims of domestic violence choose to stay with an abusive partner instead of leaving home and/or obtaining a protective order because they are afraid that the abuser will harm or kill their beloved pet. If an abused person chooses to obtain a protective order, they are often forced to leave a pet at home because most shelters do not accept pets and, until recently, Maryland Courts had no authority to award custody of an animal in a protective order.

If you are an animal lover like me, you know how pets have a unique ability to provide comfort and unconditional love when it is needed most. For families and particularly children that have been traumatized by domestic violence, pets often play an enormous role in providing a sense of security, normalcy and consolation.

For these reasons, I applaud the Maryland Legislature’s passage of Senate Bill 747 which expands the domestic violence laws in Maryland to authorize the court to award temporary possession of any pet of a person eligible for a protective order. This change in the law will take effect October 1, 2011.

As an experienced maryland domestic violence attorney, I would be glad to answer your questions about domestic violence laws or other areas of family law. Please do not hesitate to contact me via email, or by calling 301-563-6685.

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Posted in Domestic Violence, Family Law, Protective Orders

Maryland Program Provides Victims Of Domestic Violence With A Confidential Address And Peace Of Mind

March 14th, 2011

Between July 1, 2009 and June 30, 2010, there were 38 homicides as a result of domestic violence in the State of Maryland*. Many of these lives could have been saved if the victim of domestic violence was able to leave the abusive home and establish a new residence without the abuser knowing the location of that new residence.

There are numerous reasons why victims fear leaving an abusive home, one of which is the fear that the abuser can find out the victim’s new address through public records, by contacting third parties to inquire where the victim’s mail is being forwarded, or by other means.

The Maryland legislature established the “Safe at Home” Address Confidentiality Program to provide victims of domestic violence, who are planning to leave an abusive home or have recently relocated, with a confidential mail-forwarding service in an effort to keep their perpetrators from finding them.

“Safe at Home” provides a substitute address for victims and a free confidential mail-forwarding service for first-class mail and legal papers. “Safe at Home” hinders an abuser’s ability to access public information which could identify the new location of a victim. The “Safe at Home” address may be used by the participant to receive first-class mail, registered mail, certified mail, and legal papers including those sent by Federal, State or local government, the State Board of Elections, schools, etc.

Domestic violence and abuse are very sensitive and personal issues; they also require immediate action to protect yourself, your children, and loved ones from further harm, both physical and emotional. If you would like to speak to an attorney regarding a peace or protective order, please feel free to contact me, Kate McDonough, or any of our other attorneys. We can be reached at 301-563-6685, or through our contact form to answer your questions and discuss your situation.

If you are the victim of domestic violence and it is either after 5:30 p.m. on weeknights, the weekend, or a holiday, please contact the District Court Commissioners for assistance with obtaining an Interim Protective or Peace Order for protection from domestic violence or abuse. Then, contact us on the first business day after obtaining your Interim Protective or Peace Order for further assistance.

For more information on the “Safe at Home” program or to apply, please visit the program website: www.sos.state.md.us/ACP/About.aspx or call (800) 633-9657, extension 3875. If you need additional assistance, such as shelter, emergency financial support or counseling, please contact any of the following domestic violence programs and ask to speak to a victim services professional:

Montgomery County Abused Persons Program

1301 Piccard Drive
Rockville MD 20850
(240) 777-4195 – Weekdays
(240) 777-4673 – 24 hours

Office of Victim Services
Maryland Department of Human Resources
311 West Saratoga Street
Baltimore, MD 21201
(800) 332-6347

Maryland Network Against Domestic Violence
6911 Laurel Bowie Road, Suite 309
Bowie, MD 20715
(800) MD-HELPS

Adelante Familia (se habla español)
St. Vincent de Paul of Baltimore
2305 N. Charles Street, Suite 300
Baltimore, Maryland 21218
410-662-0500
410-732-2176

*Source: Maryland Network Against Domestic Violence

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Posted in Domestic Violence, Peace Orders, Protective Orders

The Maryland Courts and Domestic Violence

October 10th, 2010

Unfortunately, during the course of my practice I have seen many sad incidents where criminal law collides with family law in an oftentimes violent way.

Here at Andalman & Flynn, we see many cases regarding this serious issue. The numbers vary, but according to the American Bar Association, and a study by the US Dept of Justice, “3 million women and 835,000 men are physically assaulted by an intimate partner annually in the United States.” http://www.ojp.usdoj.gov/nij/pubs-sum/183781.htm. More frighteningly, another US Dept of Justice study indicated that “In 2000, 1,247 women and 440 men were killed by an intimate partner.”http://www.ojp.usdoj.gov/bjs/pub/pdf/ipv01.pdf. There are both criminal and non criminal methods to control and stop domestic violence.

Criminal penalties may result if the victim chooses to file an Application for Statement of Charges. In Maryland, the Judge or Commissioner then reviews the Application to decide if there is probable cause to believe a crime has been committed. Thereafter, a warrant may be issued for the arrest of the alleged perpetrator. The least serious charge of Assault, Second Degree Assault, carries a max penalty of 10 years in jail and/or $2,500, and obviously, crimes committed in a domestic disturbance can be much more serious than simple assault.

The Maryland courts handle these types of cases another way when the victim pursues a civil remedy. This is done by filing a Request for a Protective Order or a Peace Order. The first Protective Order may be either Temporary or on an Interim basis, depending on who ordered it, but either way, that Order to stay away lasts only as long as it takes to have a Final Order Hearing. The Final Order Hearing is vitally important because of its impact on a potential divorce or criminal case that also may be pending. I recommend that all parties be represented by counsel at this hearing because the stakes can be so high.

Next, assuming a Final Order is put in place at the end of the hearing, criminal penalties then attach to that Order should that Order ever be violated. Orders are violated in many ways, including but not limited to, further abuse of the petitioner, threatening the petitioner, contacting  the petitioner, going to their work, etc. Should one be found guilty of violating the Final Order, for a first offense the max penalty is 90 days in jail and/or $1,000 fine, and for a second or subsequent offense the max penalty is one year in jail and/or $2,500 fine.

Lastly, it’s worth mentioning that Final Orders typically last between 6 months and 1 year. There is a recently enacted Maryland law which enables Judges to make a Final Protective Order permanent. This is permitted if the Defendant in the Final Protective Order served 5 years stemming from the incident that was the subject of the Final Protective Order. This type of relief is reserved for the most egregious offenses and it was put in place to protect against subsequent abuse that sometimes occurs after the Order expires.

For more information about domestic violence, protective orders and peace orders, see the article at  http://www.andalmanflynn.com/library/Peace_Orders_and_Protective_Order.pdf.

Peter Casciano
Attorney at Law
Andalman & Flynn, P.C.
8601 Georgia Avenue, Suite 604
Silver Spring, MD 20910
(301) 563-6685 phone
(301) 563-6681 fax
pcasciano@a-f.net
www.andalmanflynn.com

Posted in Domestic Violence, Family Law, Peace Orders, Protective Orders