FAQs

Family Law

Can a Protective Order Help Me as a Victim of Domestic Violence?

Victims of domestic violence may not seek protection from the courts because they may not be fully aware of their rights. People may be aware that protective orders have the power to prevent abusers from threatening or harming their victims. However, many victims, especially those who earn little or no income on their own or who have young children, may feel like it is impossible to leave dangerous situations.

Some victims may choose not to file for a protective order because the abuser is the primary or sole income earner for their family. These victims may not realize that in Maryland, a final protective order can provide additional forms of relief beyond physical protection from their abusers. If the victim has minor children, a judge issuing a protective order may award temporary child custody to the victim and give the victim temporary use and possession of the family's home, a vehicle, or other property. The judge may also require the abuser to pay "emergency family maintenance" so that rent/mortgage, utilities, daycare, and other essential monthly expenses can be paid.

Because a Protective Order is temporary, a victim's rights under it are temporary as well, and it may become necessary to file for a more permanent custody order. An experienced attorney can help present a petition for an order of protection to the court to obtain the maximum benefits available. At Salvado Law Offices, we can help determine what measures may need to be taken to protect you, your children, and your interests.

Protective orders are designed to provide a swift process that can help victims of domestic violence remove themselves and their children from harmful situations without causing them to uproot their lives or struggle financially. Knowing and understanding your rights under a protective order can mean the difference between living in fear and living successfully.

Will Property Be Split 50/50 in a Divorce?

If you are planning to get a divorce, you may be unsure about how you and your spouse will divide your marital property. In Maryland, property is divided equitably between divorcing spouses. While an equal division is not required, both you and your spouse should receive a fair share of the assets you have acquired during your marriage. As you determine how to address issues related to your marital assets, the attorneys at Salvado Law Offices can advise you of your rights and options, and we can help you negotiate a settlement that will meet your needs.

Can I Share Custody of My Children With My Ex?

In family law cases involving children, the best interests of the child will be the primary concern. If joint custody would be in a child's best interest, you and your ex may put arrangements in place to ensure that you will both be closely involved in your children's lives. Joint custody will ensure that you will both be able to participate in making decisions about how your children will be raised, and your children will be able to spend regular, ongoing time with both parents. Sole custody may be an option, although it will usually only be used if there are concerns about children's health, safety, or well-being while they are with one parent.

Criminal Defense

I Failed to Stop at the Scene of an Accident, and I Was Arrested and Charged With Hit and Run. Can You Help?

A driver involved in an accident has certain duties under Maryland law. Charges for failing to stop at the scene of an accident carry serious consequences, but you may be able to defend against these charges in court. If you have been accused of failure to stop at the scene of an accident involving property damage or personal injuries, you should consult with an attorney as soon as possible. Our lawyers can analyze your case and prepare to defend against hit and run charges.

Are Maryland Theft Charges a Serious Offense?

Maryland's theft statute covers multiple different types of offenses. Many people are surprised to learn that they have been charged with theft despite never actually having taken any property. Receiving or exerting control over property that a person knows to be stolen can result in theft charges. Theft of services, retail theft, and other related offenses carry significant penalties. It is imperative to speak to an experienced criminal defense attorney as soon as possible if you have been charged with theft in Maryland.

What if I Was Charged With Criminal Assault in Maryland?

There are multiple reasons a person may be charged with assault in Maryland. Accusations of assault, battery, or both may result in criminal charges. A person may be arrested if they are accused of making threats or taking actions to inflict injuries. Depending on the circumstance of a case, either felony or misdemeanor assault charges may apply. Being charged with criminal assault in Maryland is a serious issue, but our trusted criminal defense attorneys can provide representation to help resolve these cases successfully.

What Happens if I Am Caught Driving With a Suspended or Revoked Driver's License?

In Maryland, driving with a suspended or revoked license can carry serious penalties. People may think that they were not hurting anyone and were driving regularly, so they may believe that this is not a serious charge. Unfortunately, offenses related to driving on a suspended or revoked license could potentially result in jail time, as well as further complications that can affect a person's license in the future. Our attorneys can assist with license-related issues, and we can provide guidance through the court process while fighting for our client's freedom.

What Steps Can I Take to Defend Against DUI Charges?

A charge for driving under the influence of alcohol (DUI) can be complicated. In addition to a criminal trial and possible jail time, you may face numerous consequences that can affect your driver's license and your private and professional life. It is important to contact an attorney as quickly as possible after being charged with a DUI; certain consequences are time-sensitive, and delaying speaking with an attorney can reduce the number of options you have available. At Salvado Law Offices, we can help you determine your best options for defense, including determining whether a traffic stop was legal or challenging the results of field sobriety tests or chemical blood alcohol tests.

My Partner/Ex-Partner Accused Me of Domestic Violence on One Occasion. Why Are There Two Legal Cases – a Protective Order and a Criminal Case – Open Against Me?

If your significant other or ex has accused you of domestic violence, it is important to understand the differences between the two types of legal cases you may face. A civil protective order is basically a "stay away" restraining order. A protective order is not a criminal case, so you will not face the possibility of going to jail unless you violate the terms of the order.

In Maryland, a protective order is a legal action that a person can bring against another person, asking a judge to order the accused not to abuse the petitioner. Essentially, a protective order is a legal proceeding designed to promote peace and safety for the alleged victim by distancing the "abuser" from the "victim." These requests usually result in a "no contact" order from a judge. Temporary protective orders may last for a limited period of time—usually a week—but final protective orders may be put in place, and they will generally last for one year. They can be extended if the petitioner alleges that the respondent violated the terms of an order or if there are continuing concerns about the risks of domestic violence.

A criminal case is a legal proceeding brought by the government (i.e., the police or the prosecutor's office) against a defendant for allegedly committing a crime. Because a criminal case is punishment-centered in nature, the defendant faces the possibility of jail if he or she is convicted of a crime. Since the government is the party bringing a criminal case, the "victim" cannot "dismiss" the case. The government decides whether to take the case to trial or not. During a criminal case, defenses can be raised to try to convince a judge or jury that the defendant did not commit the crime in question and therefore should not be punished at all with penalties such as jail time, fines, or probation.

How Do Protective Orders Move Through the Legal System? How Many Hearings Will Be Held? What Is the Nature of Those Hearings?

Usually, a petitioner can walk into any Maryland State court during office hours, file an application for a protective order, go before a judge that same day, and get a temporary protective order. A temporary protective order will usually be in effect for a week, but it can be extended if the respondent is not served with a copy of the protective order within a week. Once the respondent is served with the order, a final protective order hearing can be held. At this hearing, the respondent can provide his or her side of the story.

At the final protective order hearing, the respondent can either (a) agree to the entry of a protective order without admitting the allegations and without a judicial finding that the respondent committed any abuse; or (b) the respondent can ask for a trial, in which the petitioner will testify regarding the allegations. The Respondent can also testify at the trial, but this is not required. A party to a protective order should consult with an attorney to learn and understand the pros and cons of consenting to a protective order or requesting a trial.

By consenting, the respondent can avoid a finding of wrongdoing, but a final protective order will be put in place for one year. If, during that year, the petitioner accuses the respondent of violating the protective order, the Respondent will most likely be charged with the crime of violating a protective order, and they can be held in contempt for disobeying the order. Another downside to consenting is that a respondent cannot appeal later on as Maryland does not allow people to appeal orders they consent to.

If the respondent goes to trial and loses, there will be a finding of abuse against the respondent, and a year-long protective order will be put in place. However, if the respondent wins, then no protective order will be issued, and the respondent's freedom of movement and other rights will not be limited. Either party can appeal the result of the trial. The respondent in a protective order case should consult with a lawyer before deciding whether to consent to a final protective order or go to trial, as the facts of every case are different.

Contact Our Rockville Criminal Defense and Family Law Attorneys

At Salvado Law Offices, we can answer any other questions you may have about criminal charges or family law issues. We can also assist with immigration, civil litigation, and personal injury cases. To get answers to your questions and receive the legal help you need, contact us at 301-933-1814 and set up a consultation. We provide legal representation to clients in the areas surrounding Rockville, MD and Falls Church, VA.