Maryland Law: How to Press Charges and Prosecute for Domestic Violence

Laws are designed to protect the victims of domestic violence.

The United States' legal system and Maryland take domestic violence seriously. The Violence Against Women Act of 1994 sets out the protective measures that exist for people in this situation. The majority of victims of domestic violence are women, but men are also sometimes victims. In addition, unmarried partners, children and step-children may all suffer from this abuse. A victim can pursue a case in one of two main ways; either through the civil law or the criminal law. A victim of domestic violence should be assured that systems exist in Maryland to protect her and to deal appropriately with the perpetrator.

Instructions

1. Apply to the court for an order to make the perpetrator of the abuse stay away from you, and your house. If you are married to the perpetrator, apply to the district or circuit court for a CC/DCDVI form. If you have a different relationship to the perpetrator, such as stepchild, apply to the district court clerk or commissioner for a form DC/POI, a Peace Order form.

2. File the appropriate form with the court. You may be granted an interim order as a temporary measure, after the judge has heard your case. This will last for seven days. At the end of this period you may be granted a full order, which will last up to one year. The judge may advise you to take either civil or criminal proceedings against the perpetrator.

3. Ask the advice of an attorney, if you want to press charges against the perpetrator. You can pursue this in a civil court and may be awarded compensation. If criminal charges are pursued, the perpetrator may be fined or imprisoned. If you have police or medical evidence of abuse, your attorney will present this to the court.

4. Seek immediate help if you are in danger. Ask for police help, or approach the House of Ruth, a facility to help the victims of domestic violence in Maryland. Staff will give you advice and support, and this may help you to decide the best legal path to take in this situation.

Tips & Warnings

• Visit Courts.State.md.us to find your nearest District or Circuit court.

• Call the House of Ruth at 1-888-880-7884

References

• mdcourts.gov: Domestic Violence
• CSAP's Prevention Pathways: Silence Hurts

Resources

• Ruth's House