Domestic violence is a grave issue, with serious consequences. Dealing with such accusations can result in damage to one’s reputation, career, financial status, and freedom. If you have been accused of domestic violence, the actual charge associated with the alleged incident is not domestic violence; it is assault. Assault carries hefty legal penalties, including serious fines and imprisonment. That’s why it is critical to obtain experienced legal counsel immediately following an accusation or charge. At the Law Offices of Todd K. Mohink, PA, our resourceful and aggressive Columbia domestic violence lawyers will provide the vigorous defense you deserve.
Most people do not realize that an accusation of domestic violence is a civil matter. Alleged victims may seek restraining orders in such instances. If they choose to pursue criminal charges, those charges would be for assault, as domestic violence itself is not a criminal matter. Depending on the situation, the charges for domestic assault could be either a misdemeanor or a felony because it is covered under the same statutes as first- and second-degree assault. For the accused, a conviction could result in life altering consequences. So what, precisely, constitutes domestic violence?
Maryland law provides the following as examples of abuse:
While many view domestic abuse as something that occurs primarily between married couples, the law outlines a wider array of individuals who may be victims, including:
If an incident in your home escalates and you are accused of domestic violence, the negative consequences can have an immediate impact on your life. According to Family Code Section 4-509, law enforcement can skip obtaining a warrant for your arrest in some domestic violence circumstances. The arresting officers must have a reasonable suspicion that battery occurred in the incident and that the accused may cause further injury, evade arrest, or tamper with evidence. This arrest can have an impact on both your personal and professional lives.
If you were accused of domestic violence, you may have also become subject to a protective order that requires you to refrain from contacting or being in the presence of the accuser or any impacted minor children. This means the accused individual may be prohibited from:
If firearms were involved in the domestic violence incident, it may also be ordered that these weapons be surrendered. Protective orders can be in place for a period of at least a year; for this reason, the accused is afforded the right to be heard in court. Violating a protective order has steep penalties, ranging from several months to a year in jail. A second offense can incur a fine of up to $2,500. It can also be considered an aggravating factor if you violate a protective order. An experienced attorney can help create an appropriate and vigorous defense to the protective order. This can prevent you from experiencing what could be potentially devastating personal outcomes.
Even an accusation of domestic violence can have significant effects on your life. It should not be left in the hands of an inexperienced or underqualified lawyer. Speaking with a team like ours at the Law Offices of Todd K. Mohink, PA, should be your first step to fighting domestic violence accusations or assault charges.
Maryland tends to prosecute domestic violence cases heavily. Even if the associated charges from a domestic violence incident are misdemeanors, the resulting penalties can include:
Because these situations can also be charged as felonies, the resulting penalties from this more serious charge will be worse than those for a misdemeanor. Either type of conviction could make it hard to find a job, secure a loan for a vehicle, or even qualify for good housing. Fighting assault charges from a domestic violence incident is no simple matter and should be left to professionals to ensure your rights are protected.
The defense team at the Law Offices of Todd K. Mohink, PA, will work aggressively to establish a strong legal defense by conducting a thorough investigation and developing a legitimate counter argument in the face of the plaintiff’s story. It is crucial to consider a number of scenarios based on the particulars of your situation. We are deeply knowledgeable about the criminal code statutes that are used to prosecute individuals accused of crimes against family members and intimate partners, so we are incredibly effective at building a strong defense. Some ideas that might be explored include:
Regardless of the situation, your tenacious Howard County domestic violence lawyers at the Law Offices of Todd K. Mohink, PA, will examine the details of your case to provide the best possible defense. We pride ourselves on our unyielding commitment to your vindication. Our entire team is committed to finding the best possible resolution for your case and working diligently towards that result. For over 20 years, we have worked to protect the reputations and relationships of those in our Columbia community. To schedule your confidential consultation and get the ball rolling on your defense, contact our Columbia office at 410-766-0113.
7310 Ritchie Highway, Suite 910
Glen Burnie, MD 21061
30 Corporate Center
10440 Little Patuxent Parkway,
Columbia, MD 21044