Rockville Domestic Violence Attorney
Skilled Defense for Domestic Violence Charges in Rockville, MD
Domestic violence is an issue that affects countless families. Because of the ways that family members can be affected by violence or abuse, the legal system takes a firm stance against these activities. People who are accused of violent crimes against family members, current or former romantic partners, or others in their households may face multiple types of serious consequences, even if they are never convicted. The lawyers of Salvado Law Offices understand how emotional these cases can be and how they can affect different family members, and we work to help our clients resolve charges of domestic violence while preserving important family relationships.
Who May Be Charged with Domestic Violence?
People who are accused of committing violent acts against their spouses, children, other family members, ex-partners, or anyone else who lives in their homes may be arrested for domestic violence. Examples of situations that may lead to criminal charges include:
- Spousal disputes: A heated argument between spouses may prompt a neighbor to call the police. Upon arrival, the police may observe visible injuries on one spouse and arrest the other for assault.
- Parental abuse: A teacher may observe injuries or other signs that raise suspicion that the child has been physically abused by a parent. The school may notify law enforcement, leading to an investigation and potential charges against a parent.
- Dating violence: During a breakup, one partner may be accused of threatening to physically harm the other. The alleged victim may contact the police, and their former partner may be arrested based on accusations of assault.
- Sibling altercations: An argument between children living in the same household may become violent. If a third party witnesses the incident and contacts the authorities, one or both siblings may be arrested and charged with assault.
Criminal Offenses in Domestic Violence Cases
In Maryland, accusations of domestic violence can lead to civil restraining orders called protective orders, but they can also lead to criminal charges. People who are accused of threatening or committing violence against family or household members may be charged with various types of crimes. Some of the most common charges in domestic violence cases include:
- Assault: Intentionally causing or attempting to cause physical harm to a family member may result in felony or misdemeanor criminal charges. Most cases will involve charges of second-degree assault, which is a misdemeanor with a maximum prison sentence of 10 years. However, a charge may be escalated to first degree assault if a person is accused of using a firearm or strangling someone while committing assault. First degree assault is a felony with a maximum prison sentence of 25 years.
- Sexual assault: Accusations of non-consensual sexual acts committed against a family or household member may lead to charges of rape or sexual offenses. A conviction for rape may lead to a life sentence in prison, and more serious charges will apply if the alleged victim was a minor.
- Stalking and harassment: Repeated and unwanted attention, contact, or conduct directed at a family member or a former romantic partner that causes fear or distress may lead to criminal charges. In domestic violence cases, a person may be accused of following the alleged victim, making threatening phone calls, or sending harassing messages. Stalking is a misdemeanor offense, and a conviction may result in a sentence of up to five years in prison.
Protective Orders in Domestic Violence Cases
To protect the victims of domestic violence, Maryland law allows courts to put protective orders in place that will require alleged offenders to refrain from threatening behavior or other actions that could put family members at risk of harm. These orders are also known as restraining orders, and they may be put in place following an arrest for domestic violence or in other situations where a person is accused of engaging in behavior that endangered their family members. The restrictions that protective orders may put in place may include:
- No contact orders: A person may be prohibited from contacting the alleged victim or other members of their family or household through any means, including phone calls, texts, emails, social media, or asking other people to pass along written or verbal messages.
- Stay away orders: A person may be required to maintain a certain distance from the alleged victim or other family members. They may be prevented from going near workplaces, schools, or other specified locations.
- Exclusive use of residence: A person may be ordered to vacate the residence they share with the alleged victim. Their spouse or partner may be granted the victim exclusive use of the home, requiring the alleged offender to find other living arrangements on a temporary or permanent basis.
- Temporary custody of children: A protective order may give an alleged victim temporary custody of children they share with the alleged offender. Steps may be taken to ensure that a couple can share custody of their children, such as requiring visitation with a parent to be supervised or making arrangements to transfer physical custody of children through third parties. The alleged offender may also be required to pay financial support to the alleged victim to ensure that they will be able to pay household expenses for themselves and their children.
Violating a protective order is a serious offense that can result in additional criminal charges and penalties. To avoid these issues, it is important for a person to follow the terms of a protective order, even if they believe that it was based on false accusations. Our attorneys can help our clients respond to protective orders, challenge accusations that they have put their family at risk, and seek solutions that will allow a person to maintain positive relationships with their children or other family members.
Contact Our Rockville Domestic Violence Defense Attorneys
Because of the serious nature of domestic violence accusations, anyone who has been arrested or charged with crimes involving harm to family members will need to work with an attorney to determine their best options for defense. At Salvado Law Offices, we provide compassionate representation in these situations while helping our clients take steps to minimize the negative effects these charges may have on their lives. Schedule a free consultation by calling our office at 301-933-1814 or contacting us online. We can assist with domestic violence cases in the areas surrounding Rockville, MD and Falls Church, VA.