Columbia Domestic Violence Lawyer

Columbia Domestic Violence Attorney

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. Hiring a Columbia domestic violence attorney can help you avoid the worst consequences of an accusation. 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 criminal defense legal counsel in Columbia 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.

Defining Domestic Violence

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:

• Acts of bodily harm
• Acts causing fear of imminent danger or serious harm
• Assault
• Sexual offenses or rape
• Stalking
• Kidnapping
• False imprisonment

The consequences of domestic violence for victims can be quite dire. In 2023, the Maryland Network Against Domestic Violence reported 38 fatalities.

Who Might Be Involved in Domestic 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:

• Spouses
• Children
• Vulnerable adults
• Individuals who are in an intimate relationship and have cohabitated for 90 or more days in the past year
• Anyone related by blood, marriage, or adoption
• Any child or stepchild, parent, or stepparent who has resided in the home for 90 or more days in the previous year
• Any individual with whom the respondent has had a sexual relationship in the previous year

Impact of Accusations

It doesn’t matter whether you live in an affluent neighborhood like River Hill or a more diverse area like Stevens Forest. 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 a 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:

• Threatening the accuser
• Taking possession of pets
• Living in a shared home
• Maintaining custody of children

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.

Common Domestic-Violence-Related Charges

Common domestic-violence-related charges in Howard County can include:

• Second-degree assault. This misdemeanor confers a maximum sentence of 10 years in prison and up to $2,500 in fines.
• First-degree assault. This felony confers a maximum sentence of 25 years in prison.
• Protective order violations. This misdemeanor confers a maximum sentence of 90 days in jail and up to $1,000 in fines for a first offense.
• Additional violations. Stalking, false imprisonment, and sex offenses can all play a role in domestic violence charges, as well. These offenses can lead to substantial prison time and fines.

Protective Order vs Peace Order in Maryland

The type of order determines what must be proven and what relief the court may grant. There are two main types:

• Protective order. This is available when parties have a qualifying domestic relationship, such as spouses, co-parents, certain cohabitants, or a recent sexual relationship. These orders impose broad restrictions, such as no-contact provisions, removal from a shared residence, firearm surrender, and custody-related relief.
• Peace order. Used when the relationship does not qualify for a protective order, such as for neighbors, coworkers, or acquaintances. These orders address harassment, stalking, threats, or misuse of electronic communications.

Why Hire a Domestic Violence Attorney?

Domestic violence is common in Maryland, with over 34,000 related crimes reported in 2023.

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:

• Probation
• House arrest
• Incarceration
• Restraining orders
• Fines
• Community service hours

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. For these reasons, it is imperative to hire a domestic violence attorney as soon as possible.

The defense team at the Law Offices of Todd K. Mohink, PA, will work aggressively to establish a strong legal defense in your domestic violence case by conducting a thorough investigation and developing a legitimate counterargument 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 domestic violence laws 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:

• Proving deliberately false accusations were made: This is not uncommon in situations involving difficult divorce or child custody situations.
• Proving self-defense was necessary: If the plaintiff initiated the encounter, or if the defendant was acting to protect himself/herself or others, it is unlikely assault charges will stand.

FAQs About Columbia, MD Domestic Violence Law

What Qualifies as Domestic Violence in Maryland?

Acts that qualify as domestic violence in Maryland include the mistreatment of family members or intimate partners. This mistreatment can involve physical abuse, or it can be emotional, verbal, or psychological in nature. Behaviors designed to intimidate, isolate, manipulate, or humiliate a family or household member can also count as domestic violence.

What Evidence Is Needed in a Domestic Violence Case?

The evidence needed in a domestic violence case typically includes physical proof of injuries, official police and medical records, personal documentation and communications, and witness testimony. The victim’s personal account is also essential, as it can be used to establish a pattern of abuse in addition to proving that actual harm occurred.

Are Domestic Violence Cases Hard to Prove?

Domestic violence cases can be hard to prove for several reasons. Witnesses may be hesitant to cooperate with the prosecution, and conflicting accounts of the events given by alleged victims and perpetrators can create confusion among jury members. Supporting evidence in the form of communications between the alleged victim and perpetrator, police reports, and medical records can all strengthen a case.

What Type of Abuse Is the Hardest to Prove in Court?

Emotional abuse is the hardest type of abuse to prove in court. Often playing a role in domestic violence cases, emotional abuse does not leave any visible marks or injuries. The lack of tangible proof of damage makes it difficult for alleged victims to present a compelling case in court. Psychological harm is also hard to quantify, which further complicates the situation.

Contact an Experienced Columbia Domestic Violence Attorney

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 an optimal defense. We pride ourselves on our unyielding commitment to your vindication. Our entire team is committed to finding the optimal resolution for your case and working diligently towards that result.

If you’re looking for a skilled domestic violence lawyer near you, you can trust our team to help. 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 410-204-4697.