In Maryland, you can obtain an order of protection from either the District Court or Circuit Court in your county to prevent a current or former spouse, a cohabitant, a person with whom you have had a sexual relationship, or other relatives from abusing or threatening you.
To receive the protection offered by a protective order, the court must make a finding that abuse has occurred. Historically, abuse has included acts that cause serious bodily harm, an assault in any degree, rape or sexual offense, false imprisonment, or stalking. Beginning on October 1, 2018, the definition of “abuse” used in the context of domestic violence protective orders has been expanded. Under the amended statute, revenge porn has been added to the definition of abuse.
In Maryland, absent consent, a person may not knowingly distribute a visual representation of another identifiable person that displays exposed intimate parts or an act of sexual activity with the intent to harm, harass, intimidate, threaten, or coerce the other person where the other person had a reasonable expectation that the image would remain private. With the amendment to the definition of abuse, you can now be protected against these acts of revenge porn.
As the above list illustrates, the protective order process can involve complex assessments about whether abuse has occurred. Whether you are seeking protection from abuse or are looking to defend against allegations of abuse, contact the lawyers at Andalman & Flynn in Maryland for help. If you need help with any of a variety of other legal matters, the attorneys at Andalman & Flynn are here. Don’t hesitate to contact us today at 301-563-6685.