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Home > Special Sections > Domestic Violence: A Seven-Part Series
Domestic Violence (A Seven Part Series)
Relative safety
Protective orders can offer some degree of well being
Originally published May 19, 2008


By Gina Gallucci
News-Post Staff


Victims of physical or sexual abuse and those who are threatened with violence can go to court to seek protection from their abusers.

Domestic violence victims may apply for a civil protective order at a district or circuit court, according to the Maryland State Board of Victim Services. If the courts are closed, victims may go to the District Court Commissioner's office on West Patrick Street.

Victims may receive an interim, a temporary and ultimately a final protective order from the court, but certain conditions must be met for these to be granted.

The court will ask the victim about current abuse and any abuse that occurred in the past. The evidence must be clear and convincing for a final protective order to be granted, but for interim and temporary protective orders, the burden of proof necessary is lower.

The order, if granted, instructs the abuser to stop abusing the victim, leave the joint residence, stay away from the victim's workplace and/or abide by other conditions.

The domestic violence victim must be married to or divorced from the abuser, live with the abuser in a committed relationship for at least 90 days in the past year, have a child with the abuser, or be related to the abuser. The order may also apply to a vulnerable adult or a child who lives or lived with the abuser. If the victim does not fit these descriptions, then the victim may try filing for a peace order instead.

While a victim is not required to bring anything to the court proceedings, it is a good idea to have witnesses testify and provide medical records if a victim has sought treatment for abuse, said Blaine Hoffmann, director of legal services at Heartly House. It is also a good idea to bring pictures of bruises or other injuries.

If the police are called to a domestic case, they take pictures of injuries, he said. However, those photographs might not be available for a protective order hearing. Hoffmann said it is a good idea to take your own set of pictures of any injuries.

Also, each individual case will have different forms of evidence, he said. For example, there may be letters or voice mails, but no physical injuries or damage to property. Copies should be made before turning anything over to police, if possible.

Heartly House provides free legal representation for protective and peace orders that involve domestic violence, child abuse and sexual assault.

Representation is not income-dependent, Hoffman said.

If an order is denied, a victim has 30 days from the ruling to appeal to the circuit court.

While more than 1,500 protective orders were filed in district court last year, only aboout 200 were granted. Some were dismissed due to lack of evidence, others because the petitioner failed to appear, according to court records.

There are many reasons why so few are granted, Hoffmann said. Sometimes victims get scared to move forward, the victim or abuser may move out of state and not need the order, and some parties reconcile.

The victim is also concerned sometimes about repercussions the abuser might face, Hoffmann said. Some worry their significant other will lose his or her job if an employer finds out, although Hoffmann has never seen that happen.

If a person violates an order, there are two kinds of contempt of court he or she faces, with different repercussions.

Civil contempt is when the abuser refuses to pay emergency family maintenance, Hoffmann said. A judge could fine the individual no more than $1,000 or have the person serve up to 90 days in jail.

Sometimes a judge will sentence an individual to jail time but void it if the person pays the emergency family maintenance in a certain time frame, he said.

Criminal contempt is when an abuser continues to contact or visit someone whom the court has ordered him or her not to, Hoffmann said.

For a first offense, the abuser could get a fine not exceeding $1,000 or a jail term not to exceed 90 days. The second and subsequent violations could results in a $2,500 fine and/or a year in jail.



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Barbara Martin, Heartly House CEO, took your questions at the end of our series.
View her responses.



See the emotion and hear the voices of those affected by domestic violence. Four videos are available for your viewing.
Database



Search 214 final protective orders granted in 2007. Plus, here's a video explaining how we gathered the information.
Timeline



View an interactive timeline of the domestic violence cases that occurred in the area in 2007.
People to Know



Read the bios of five key players mentioned throughout the series and about one group's drive to end domestic violence.
Warning Signs

Are you in an abusive relationship? Are you an abuser? Click here to read the warning signs.

Abuse Help

Who to call, where to go if you're in an abusive relationship.

Voices from Protective Orders

Read statements from affidavits attached to protective orders granted in 2007.

Myths & Facts

Myths and facts about Domestic Violence.

Glossary

Key terms you need to know.

Songs & Movies

Domestic violence in songs and movies.

A Look Back

Take a look back at the original stories as the domestic violence cases unfolded in 2007.

> Domestic Violence Home     > Multimedia     > Statistics, Charts, & Graphs     > Abuse Help

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