What Is Domestic Violence?

By Michele R. Harris

Domestic violence is when one person in a relationship uses fear, intimidation, verbal and emotional abuse to gain and exercise control over the other person in the relationship. It transcends the boundaries of race, ethnicity, gender, religion, and socio-economic backgrounds. Domestic violence may consist of physical violence, but it can also involve a pattern of social isolation, financial deprivation, emotional, and/or verbal abuse.

The State of Maryland has two separate legal proceedings to assist victims in obtaining protection from their abuser: a peace order and a protective order. A court may issue a peace order in cases where the abuse is between two parties not related by blood, marriage, or adoption. A protective order provides protection from abuse that occurs between parties related by blood, marriage, adoption, or if the parties have cohabited for more than 90 days within the past year.

The purpose of both orders is to promote the victim’s safety by ordering her abuser to refrain from abusive, threatening, and harassing conduct, and to stay away from the victim’s residence, place of employment, school, or children’s daycare provider. In protective order cases, the Court may award the victim temporary use and possession of the family home, vehicle, pet, as well as custody of the parties’ minor children in common, and order the abuser to pay the victim emergency monetary support.

This October, the Maryland Legislature will honor the victims and survivors of domestic violence by putting into effect sweeping new legislation that will help victims and their families obtain the protection they so desperately need. On October 1, 2011, the new laws will go into effect. Some of the most noteworthy are:

Shielding of Records

The Maryland Legislature has limited the circumstances in which an alleged abuser, may request the court to shield (remove from public inspection) records pertaining to the filing of peace orders and protective orders. By keeping information regarding domestic violence proceedings public, victim services providers and members of the community will be able to discern whether there is a serious history of domestic violence lurking in the background.

Award of Temporary Possession of a Pet

A victim of domestic violence in a protective order proceeding may request for temporary possession of the family pet as a part of the relief requested in the petition for protection from domestic violence. The American Human Society states that up to 71% of battered women report that their pet was threatened, harmed, or killed by their partners, and 25% to 40% report failing to leave an abusive relationship immediately for fear that their abuser would harm their pet. This law allows the Court to award possession of any pet belonging to the victim or the abuser.

Peace Orders and Protective Orders—Extension of Duration

For all petitions filed on and after October 1, 2011, the court may issue a peace order for up to twelve months and issue a protective order for up to twenty-four months in certain cases.

These laws are a major victory for victims of domestic violence and their families considering the fact that the first major civil protective order statute the Maryland Legislature passed in 1980 granted a period of protection for only fifteen days.

Criminal Penalties for Violating Peace Orders

This law expands the penalties for a second and subsequent violation of a valid interim, temporary, or final peace order. Upon conviction of a second or subsequent offense, the abuser may face incarceration for one year and/or a $2,500.00 fine. The current penalty for a first time conviction of violating a peace order is incarceration for 90 days and/or $1,000.00 fine.

Grounds for Divorce

The Maryland Legislature passed a new law making it easier to obtain a divorce. This new law not only applies to domestic violence victims but is available to anyone who is seeking to file for divorce in the state of Maryland. In short, the law abolishes the requirement that a Plaintiff in an absolute divorce proceeding prove and corroborate that the separation from her spouse was mutual and voluntary in order to obtain a divorce. As a divorce attorney practicing in the state of Maryland, the impact of this legislation is huge.

What Do You Do if You Believe You are a Victim of Domestic Violence?

Get help. One of the reasons why domestic violence persists is victims do not know their rights. From a legal perspective, any court proceeding in domestic violence court or family court will require strong evidence to persuade a judge that domestic violence is occurring. Create a journal. Tell family members and friends. Report an abuser’s criminal conduct to the authorities and demand a police report. Seek legal advice from a family law attorney with experience litigating domestic violence cases to determine if filing a formal proceeding in domestic violence court or domestic relations court (for child support, divorce, and custody cases) is appropriate.

If physical abuse is the issue, make sure to go to the emergency room or nearest urgent care facility immediately following an incident of physical abuse and request copies of medical records. Take pictures of physical injuries and damage the abuser has done to your personal property. Save and print threatening and harassing emails from the abuser. Save copies of text messages or cell phone bills documenting the abuser’s incessant threatening text messages or cell phone calls. Join a support group or meet with a counselor until you feel that you are strong enough to leave the relationship or to seek help through the court system.

Next Issue
It’s the most not-so-wonderful time of the year—surviving the holidays after a separation or divorce. Submit your questions regarding how to survive the holidays following a separation or divorce to Michele R. Harris, Esq. via email: mharris@mrhlaw.net by the end of October. Your question or comment may be chosen to appear anonymously in the next issue of Southern Maryland Woman.

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About Michele R. Harris

Michele R. Harris graduated from James Madison University in Harrisonburg, Va. in 1995 with a B.S. in Economics and Sociology. She received her J.D. degree from the University of Baltimore, School of Law in 1998 and was licensed to practice law in Maryland in June 1999. Ten years ago, she moved to Charles County, Md. and made it her home in residence and business. Since 1999, she has practiced extensively in the Southern Maryland region representing clients in a variety of matters, with a special concentration in domestic relations law. She is an experienced family law litigator who brings a deep commitment and understanding to the challenging issues facing today’s families.

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