Waldorf, MD Domestic Violence Lawyers

Attorneys Defending Against Domestic Violence Charges in Waldorf, Maryland

Criminal charges involving violence can be serious, regardless of the situation. However, when a situation involves family members, a person may not only be charged with assault or another violent crime, but they may face other consequences that could affect their family, their personal relationships, and their daily life.

In some cases, disagreements between family members can escalate and get out of hand. Police officers may be called to the scene of a domestic dispute, and they may make arrests based on limited information. A person charged with domestic violence may be uncertain about what to do next or what restrictions they may face. At Farmer & Klopfer, we can provide the legal help needed to address these issues correctly. We can help clients defend against domestic violence accusations and avoid penalties that could affect their lives and families.

Relationships Between Family Members in Domestic Violence Cases

A criminal charge may be classified as domestic violence when the alleged offender and the alleged victim share a qualifying relationship. These relationships include:

• Current and Former Spouses: When a case involves a married couple or people who were previously married to each other, a violent crime may be considered domestic violence, regardless of whether the parties currently live together.
• People in a Current or Former Dating Relationship: In addition to spouses, domestic violence cases may involve other types of romantic partners. A couple who is currently dating or previously had a relationship will qualify, including both opposite-sex and same-sex relationships.
• People Who Live Together or Have Lived Together: Anyone who lives together in the same household or previously lived together may be involved in domestic violence cases. These may include family members or roommates.
• Parents With a Child in Common: When a couple has a child together, a violent crime may be classified as domestic violence, regardless of whether the couple was ever married or lived together.
• Family Members Related by Blood or Marriage: Domestic violence laws will apply to different types of family members, including parents and children, siblings, grandparents and grandchildren, and in-laws. Cases may involve adult children and their parents, siblings living in the same household, or other family relationships.
• Vulnerable Adults: Domestic violence charges may apply in situations involving violence between a person who provides assistance or services and a disabled person who receives assistance.

Situations That Can Lead to Domestic Violence Arrests

Police officers who are called to deal with domestic disputes or situations where someone believes that domestic violence has occurred will often arrest the person who they believe committed violence. Even if there is little evidence showing that a person committed a violent act or that an alleged victim suffered an injury, an arrest may be made to ensure that family members are protected against potential harm. Arrests may be made before the facts of a situation are known. These situations may involve:

• Physical Contact Between Family Members: A person may be accused of pushing, grabbing, hitting, or taking other actions toward a family member.
• Threatening Behavior: A person does not need to make physical contact to be charged with domestic violence. If they allegedly used threatening language, aggressive gestures, or menacing behavior, they could be arrested for domestic violence.
• Disputes Involving Child Custody Exchanges: Tensions can arise between parents when exchanging children. Physical contact or threatening behavior between co-parents during a pickup or drop-off could lead to criminal charges.

Protective Orders in Domestic Violence Cases

When a person has been accused of domestic violence, a court may put a protective order in place to help prevent any future acts of violence. A judge may choose to issue a protective order after a person is arrested, or the alleged victim of domestic violence may request a protective order based on claims that violence has occurred and ongoing protections are needed.

Interim Protective Orders

When a person requests a protective order, a judge may choose to put protections in place based solely on the claims made by the alleged victim. A person who has been accused of domestic violence may not be informed about an interim protective order until after it has been issued. These orders are issued on an emergency basis, and they will usually only last for a few days.

Temporary Protective Orders

A temporary protective order hearing will be held within a few days after an interim protective order is issued. A judge may decide to issue a temporary protective order that can last for up to seven days. The alleged offender may or may not be present at this hearing.

Final Protective Orders

A final protective order hearing will be held, and both parties will have the opportunity to appear and present evidence. An alleged offender may argue against the need for a long-term protective order, while the alleged victim may try to show that ongoing protection is needed. If a judge decides to issue a final protective order, it can last for up to one year.

Restrictions Under Protective Orders

When a protective order is issued, it will place restrictions on what an alleged offender can do and where they can go. These restrictions are legally binding, and any violations of a protective order may lead to an arrest and criminal charges that are separate from any previous domestic violence charges. A protective order may:

• Prevent a person from returning to a residence that they share with the alleged victim while still requiring them to pay expenses related to the home, such as rent or utilities
• Prohibit a person from contacting or communicating with the alleged victim or other family members, including in-person contact, phone calls, text messages, and communication through third parties
• Give the alleged victim the exclusive right to possess and use a vehicle or other property
• Establish temporary child custody or visitation arrangements
• Prohibit the alleged offender from possessing firearms and require them to surrender any guns they own to law enforcement
• Order the alleged offender to receive counseling or other forms of treatment to prevent future domestic violence

Contact Our Waldorf Domestic Violence Attorneys

Domestic violence cases can move quickly. An argument may quickly lead to an arrest, and criminal charges may be filed. An interim protective order may be put in place before a person is released from police custody. Legal representation can help ensure that a person will be able to address these issues and defend against domestic violence charges. At Farmer & Klopfer, we can help clients respond to accusations of domestic violence, defend against protective orders, and take steps to avoid criminal convictions. Contact our Waldorf, MD domestic violence defense lawyers at 301-843-3890 to schedule a free consultation.