Maryland Domestic Violence Laws

It’s safe to say that nobody wants to be the victim of any abusive crime. It’s even worse if the person committing the crime is someone you trust. That betrayal is part of the horror associated with domestic violence offenses. Maryland law attempts to protect victims and keep their abusers away from them.

Knowing which protections are available for victims of domestic violence in Maryland is a challenge. This article explains domestic abuse under Maryland law, shows you what protections and programs are available, and maps out how to navigate the Maryland courts for domestic violence cases. Read on for a better understanding of domestic violence laws in Maryland.

Maryland Domestic Violence Laws: How They Work

Every state has criminal laws to prohibit violent crime and hold those who commit it accountable. In Maryland, crimes against the person include murder, kidnapping, first-degree and second-degree assault, rape, and other sexual offenses. These crimes carry tough penalties, including sentences to jail or prison.

Unlike some states, Maryland does not provide a stand-alone criminal offense of domestic violence. Instead, the domestic nature of a violent crime may become a focus at the filing of criminal charges, at trial, or during sentencing.

Maryland also protects victims in their civil laws. This includes laws that permit victims of abuse to seek protective orders.

To gain a better comprehension of what domestic violence is under Maryland law, having a working definition will help. Domestic violence occurs when at least one specified abusive crime is committed between people sharing a qualifying relationship. Let’s take a look at each required element.

Domestic Violence in Maryland: The Individuals Involved

With most crimes, the state has less concern with the parties’ relationship. The focus rests on the actor’s conduct and their intent. The state must prove these elements to get a conviction. In Maryland, evidence of domestic abuse follows a similar path. However, it must also include a domestic relationship. Under Maryland law, acts of domestic violence occur between family members, household members, and people in intimate relationships. This includes:

• Spouses
• Former spouses
• Cohabitants (people having a sexual relationship who have lived together for at least 90 days before the filing of a petition for a protective order)
• Family through consanguinity (blood relatives), marriage (in-laws), or adoption
• Parents, children, stepparents, and stepchildren who have lived together for at least 90 days before the filing of a petition for a protective order
• Vulnerable adults (lacks the capacity to meet their daily needs)
• People with a child in common
• People in a sexual relationship within one year of the filing of a petition for a protective order

Maryland also qualifies certain other victims eligible for domestic protection orders. These include victims of rape, sexual assault, sexual abuse, other sexual offenses, or an attempt to commit any of these offenses. Even though the victim and offender do not qualify as in a "domestic relationship," these sexual offense survivors can still petition for a domestic violence protective order.

Domestic Violence in Maryland: Abusive Acts

Understanding how abusers can commit heinous crimes against loved ones is unfathomable to many of us. Abusers seek power and control over their victims. They aim to dominate the victim’s life and leave them hopeless and submissive.

It’s common to associate physical violence with domestic abuse, but it’s not the only method of control used by abusers. Other types of domestic violence include emotional abuse, financial control, coercion, isolation, and intimidation. If this sounds familiar, consider reaching out to a domestic violence advocate if you can do so safely.

If people in qualifying relations have any of the following criminal acts occur between them, the result is considered domestic violence in Maryland:

• Any act that causes serious bodily harm
• Any act that places a person in fear of imminent serious bodily harm
• Assault in any degree
• Rape
• Sexual assault
• Any abusive sexual offense in any degree
• Attempted rape
• Attempted sexual assault
• Attempting any abusive sexual offense in any degree
• False imprisonment
• Stalking
• Revenge porn
• Any child abuse

Crimes not listed that fit under one of the categories shown are eligible for domestic violence classification. For example, an abuser taking a victim’s car keys so they can’t leave the house is considered false imprisonment.

If the criminal offense committed meets both the abusive act and relationship requirements, it’s domestic violence under Maryland law. This classification gives victims access to special protections and programs.

For those under threat of immediate harm, contacting the police is often the first response for stopping the abuse. Law enforcement can arrest an abuser, and prosecutors can bring criminal charges against an offender and provide resources that help victims create a safety plan. Arresting an abuser gives a victim at least temporary separation and protection from abuse.

Victims who cooperate with criminal prosecution help hold offenders accountable and can provide information relevant to sentencing. Convictions for domestic-related crimes can result in a ban on firearm possession for the offender.

Maryland Domestic Violence Laws: Help for Victims and Punishments for Offenders

For victims, escaping an abuser can seem impossible. Prosecution may provide short-term safety, but victims often fear an abuser will come back after them after a conviction. In cases where the parties have children together, orders of custody and parenting time provide entanglements that last longer than any court case.

Having a safety plan is a great first step, as is carefully reaching out for assistance from nearby domestic violence advocates. Maryland protective orders are another form of assistance. Let’s get familiar with them.

Maryland Domestic Violence Protective Orders

Protective orders are not a foolproof method of relief, as the abuser can choose to ignore them. They do so at their peril, as Maryland domestic violence protective orders carry stiff penalties for violators. There’s complexity involved with knowing which order applies at one time, so let’s break it down.

Most protective orders are civil court orders that offer relief to victims (petitioners) by ordering abusers (respondents) to do some things and refrain from doing others. While each protective order will apply provisions pertinent to your situation, there are common conditions that appear in most orders:

• Forbidding the respondent from further abuse or threats of abuse to the petitioner
• Forbidding the respondent from contacting, attempting to contact, or harassing the petitioner
• Forbidding the respondent from entering the residence of the petitioner
• Ordering the respondent to vacate a shared dwelling and not to return
• Awarding temporary child custody to the petitioner if abuse is alleged or they reside in a formerly shared dwelling
• Forbidding the respondent from entering the school or workplace of the petitioner
• Ordering the respondent to stay away from the residences of the petitioner’s family
• Awarding temporary custody of any shared pets to the petitioner

This is not an exhaustive list. The court can add any provision it deems necessary for the victim’s safety. These conditions are available for all Maryland domestic violence protective orders.

There are three different types of domestic violence protective orders available in Maryland. An interim protective order (IPO) is used when neither the district court nor the circuit court is open. Petitioners can file with the nearest commissioner. If the commissioner agrees there was domestic violence, a sexual crime, or a remaining threat of domestic violence, the IPO goes into effect.

An IPO is an emergency order that lasts for one or two days, depending on when the court can receive your petition for a temporary protective order (TPO). This is filed at the courthouse or e-filed with the help of a domestic violence advocate. The judge may ask you questions to help assess the level of threat. A TPO can add conditions to an IPO, including ordering the surrender of firearms.

The court can issue a TPO ex parte – this means the court won’t contact the respondent before issuing the order. The order is served to the respondent by law enforcement. A TPO lasts seven days but is extendable to 60 days for scheduling complications. Otherwise, a case hearing is scheduled within seven days.

If the respondent is aware of the TPO filing, the final protection order (FPO) hearing can take place at the initial hearing when both sides agree. Otherwise, both sides will present their evidence at the final order court hearing. This includes calling witnesses. If either child abuse or a vulnerable adult is involved, law enforcement will investigate and submit a report to the court.

If the court agrees that domestic violence occurred and/or the threat of further violence remains, the final protective order goes into effect. The court can add or amend provisions from previous orders. Most final orders are limited to a one-year duration. It can be extended if the respondent violates it or for other good cause. The court can make it permanent if the original crime or a violation warrants it.

All domestic violence protective orders are sent to the Maryland Domestic Violence Central Repository. This is to allow easy access to valid orders for courts and law enforcement, as well as better enforcement. All protective orders issued in Maryland are, under federal law, also valid anywhere on American soil.

Victims of any sexual offense, regardless of the others involved, can petition for a Maryland domestic violence protective order. To learn about other types of peace orders available, consult FindLaw’s Maryland Protective Orders Laws article.

Penalties for Violation of Maryland Domestic Violence Protective Orders

To ensure that their protective orders are effective as a deterrent, Maryland has strict penalties for violations of protective orders. While any violation is subject to criminal penalties, temporary and final orders are also considered contempt of court.

Even the most minor of violations can land the offender in jail. There’s a simple two-tier system in place for violations:

• First violation (misdemeanor): Up to 90 days in jail and/or a fine of up to $1,000
• Any violation after the first (misdemeanor): Up to one year in jail and/or a fine of up to $2,500

The violator also faces sentences for the crimes committed during the violation of the protective orders. These penalties are served concurrently or consecutively at the court’s discretion.

Other Protections and Programs

Protective orders are not the sole method of protection available to victims of domestic violence in Maryland. The Address Confidentiality Program, also known as Safe at Home, is designed to keep victims hidden from their abusers. Participants are issued a second legal address used for public records. First-class mail is also forwarded to the victim’s actual address. The program is free.

Fleeing an abuser is more difficult if you’re locked into a rental lease. Maryland law allows a domestic violence victim to make a legal break of a lease without penalty. The victim must give up to a 30-day notice to the landlord for a legal release from a lease.

If the victim is remaining in a rented dwelling, they can submit a written request for a change of locks by their landlord. The tenant is responsible for the costs of the lock change. If the landlord doesn’t change the locks within a day of receiving the request, the tenant can do it themselves as long as they supply the landlord with a copy of the new key.

Maryland Domestic Violence Laws: Review

As you’ve seen, there’s a lot to know about domestic violence laws in Maryland. We’ve gathered important points in the table below along with links to domestic violence codes.

Note: Laws in Maryland change through the passage of new legislation, the issuance of appellate court decisions, or through other means. Contact a Maryland family law attorney, a domestic violence attorney, or conduct your own legal research to verify the Maryland state law(s) you’re reviewing.

Maryland Domestic Violence Laws: Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• Domestic Violence FAQ
• Maryland Network Against Domestic Violence
• Maryland District Court Locator
• Maryland Commission Locator (for Interim Protective Orders)

Domestic Violence Issues in Maryland? Speak With an Attorney

If you’re the victim of domestic violence or have an abuser who violated a restraining order, call 911 for immediate assistance. After that, reaching out to a Maryland domestic violence lawyer is a good way to find to evaluate your options for stopping the violence.

If you’re facing domestic violence charges, contacting a Maryland criminal defense attorney is a good idea. They can examine the criminal charges against you, explain your options, and give you legal advice as your case progresses.