Domestic violence is a serious issue affecting many families across the United States. Perhaps the hardest part of litigating domestic violence is figuring out whose version of events reflects reality. Inevitably, everyone involved is saying something different and it is important to have an advocate who can tell your version of the story in a convincing way. If you have been charged with domestic violence, the best course of action is for you to retain an experienced domestic violence lawyer. When it comes to domestic violence, the last thing you want to do is face a hyped-up prosecutor by yourself; the outcome is rarely a good one. A No-Drop State One important thing to remember about the state of Maryland is that they are a "no drop" state. What that means is that even if the victim decides not to press charges, the state can use second-hand evidence and witness testimonies to prosecute you to the fullest extent possible. Domestic violence is a serious crime that can result in jail time, the inability to possess weapons, and adverse custody decisions when children are involved. If you don't think you need a lawyer, think again. Even if the victim refuses to testify or show up in court, your life is on the line. Domestic Violence Defined Sometimes, the line between an argument and domestic violence can be blurry. What you see as nothing more than a dispute ends up with you facing charges. In order to prevent a family argument from landing you in front of a jury, it is a good idea to know how the state of Maryland defines domestic violence. According to the state, things that define domestic violence include assault, any kind of bodily harm, sexual offenses, attempted abuse or sexual offenses, stalking, and even just placing someone in fear of harm for themselves or others. Protective vs. Peace Orders After someone has filed domestic violence charges, the state has two courses of action it can pursue: issue a protective order or a peace order. Protective orders are issued by judges and are designed to stop one party from committing certain acts toward another. These orders are issued for people who have been or are currently in an intimate, family-like relationship such as spouses or former spouses, parent and child, or parents of a child together. Peace orders, on the other hand are for those who are not in an intimate relationship. These can be couples who are dating or complete strangers. Some of the most common cases in which peace orders are issued are when there are conflicts between neighbors. Understanding Protective Orders In either of these orders, you will find that your life can be seriously impacted. If you are faced with a protective order, you may find yourself forbidden to make any contact with the victim and/or children you may have with the victim. You may find yourself forced out of your home and you may suffer temporary loss of custody of your children and/or pets. If the protective order becomes permanent, you may only be able to see your children during court appointed visiting hours, be forced to permanently leave your home and surrender your car to the victim, as well as lose the right to possess firearms. Basically, anything that the judge considers key to preventing future abuse and protecting the victim will be another hoop you have to jump through. Understanding Peace Orders If, however, you are given a peace order, the only thing you really have to worry about is staying away from the alleged victim. When you're neighbors that can be really hard to do, which is why having an aggressive domestic violence lawyer is a good idea.
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