A domestic violence arrest in Maryland sets off a series of legal events that can feel overwhelming and confusing. Whether you are the person who was arrested or the family member of someone who was, understanding what happens next is critical. The hours and days following an arrest can shape the entire course of the case.
At SoMD Criminal Defense, we have represented clients on both sides of domestic violence cases in Charles County, Calvert County, St. Mary’s County, and Prince George’s County. Here is what typically happens after a domestic violence arrest in Maryland and what you can do to protect your rights.
The Arrest and Booking Process After a Domestic Violence Call
When police respond to a domestic violence call in Maryland, they are required by law to make an arrest if they have probable cause to believe that an act of domestic violence has occurred. This is known as a mandatory arrest policy. Officers do not have discretion to simply issue a warning or ask one party to leave in domestic situations where they believe violence occurred.
After the arrest, you will be transported to the local detention center for booking. In Charles County, this means the Charles County Detention Center in La Plata. You will be photographed, fingerprinted, and processed. Depending on the time of your arrest and the severity of the charges, you may see a District Court commissioner within 24 hours for a bail determination.
Bail and Protective Orders After a Domestic Violence Arrest
At the bail hearing, a commissioner or judge will determine the conditions of your release. In domestic violence cases, bail conditions often include a no-contact order prohibiting you from communicating with or approaching the alleged victim. Violating this order, even if the alleged victim initiates contact, can result in additional criminal charges.
The alleged victim may also file for a protective order in the District Court. Maryland law allows for temporary protective orders (lasting up to 7 days) and final protective orders (lasting up to one year, with the possibility of extension). A protective order can require you to stay away from the alleged victim’s home, workplace, and school, and can affect custody and visitation arrangements. Learn more about protective orders in Maryland.
Common Domestic Violence Charges in Maryland
Maryland does not have a separate domestic violence criminal statute. Instead, domestic violence cases are prosecuted under the same assault, harassment, and related statutes that apply to all criminal cases. The domestic relationship between the parties is a factor in sentencing and bail conditions.
Common charges arising from domestic violence arrests include second degree assault under Criminal Law § 3-203, first degree assault under § 3-202 in cases involving serious injury or weapons, harassment, stalking, malicious destruction of property, and violation of a protective order. The penalties range from misdemeanors with up to 10 years in prison for second degree assault to felonies with up to 25 years for first degree assault.
If you have been arrested for domestic violence in Southern Maryland, time is critical. Contact SoMD Criminal Defense at (301) 818-0389 for a free consultation. We can begin working on your defense immediately.
Defending Against Domestic Violence Charges in Maryland
Domestic violence cases often present unique defense opportunities because they frequently involve emotionally charged situations, conflicting accounts, and limited independent evidence. Common defenses include self-defense, where you were protecting yourself from the other party’s aggression, false allegations motivated by custody disputes, divorce proceedings, or personal grudges, lack of evidence beyond one party’s statement, and mutual combat where both parties were aggressors.
As former prosecutors who have handled domestic violence cases from the State’s side, we understand the tactics prosecutors use and the evidence they rely on. We use that experience to challenge the State’s case at every stage.
How a Domestic Violence Conviction Affects Your Life
A domestic violence conviction in Maryland can have devastating consequences beyond incarceration. It can result in losing your right to possess firearms under both Maryland and federal law, negatively impacting custody and visitation arrangements, creating a permanent criminal record that affects employment, housing applications, and professional licensing, and for non-citizens, triggering deportation proceedings.
For residents of Southern Maryland who hold government jobs, security clearances, or military positions, a domestic violence conviction can end careers. This is why aggressive, early defense is essential.
Facing Domestic Violence Charges in Southern Maryland?
The attorneys at SoMD Criminal Defense have over a decade of experience defending clients in Charles County, Calvert County, St. Mary’s County, and Prince George’s County courts. We handle every domestic violence case with the seriousness and sensitivity it deserves.
You do not have to face this alone. Call us today at (301) 818-0389 or contact us online to schedule your free consultation.
This article provides general information about domestic violence arrests in Maryland and is not legal advice specific to your situation. Contact an attorney to discuss the details of your case.
FAQ: Domestic Violence Arrests in Maryland
Can domestic violence charges be dropped if the victim does not want to press charges?
In Maryland, the decision to prosecute a domestic violence case rests with the State’s Attorney, not the victim. Even if the alleged victim does not want to press charges, the prosecutor can still pursue the case. However, an uncooperative victim can weaken the State’s case, and an experienced defense attorney can use this to negotiate a favorable outcome.
How long does a domestic violence case take in Maryland?
The timeline for a domestic violence case in Maryland varies depending on the severity of the charges and the court involved. District Court cases may resolve within a few weeks to a few months. Circuit Court cases involving felony charges can take several months to over a year. Your attorney can give you a more specific timeline based on your case.
Will I lose custody of my children after a domestic violence arrest?
A domestic violence arrest does not automatically result in losing custody, but it can significantly impact custody and visitation proceedings. The court will consider the arrest and any protective orders when making custody decisions. Having an experienced attorney defending you in the criminal case can help protect your parental rights.
Frequently Asked Questions
Will I go to jail after a domestic violence arrest in Maryland?
After a domestic violence arrest, you will be taken before a commissioner who will determine your release conditions. Many defendants are released on their own recognizance or on bail with conditions, including a no-contact order with the alleged victim. Whether you are held depends on the severity of the charges, your criminal history, and whether the commissioner believes you pose a danger to the alleged victim.
Can domestic violence charges be dropped if the victim does not want to press charges?
The decision to prosecute lies with the State’s Attorney’s Office, not the alleged victim. Even if the victim requests that charges be dropped, prosecutors often proceed with the case using other evidence such as body camera footage, witness statements, medical records, and 911 recordings. However, an uncooperative victim can weaken the prosecution’s case, which your attorney can use to your advantage in negotiations.
How does a domestic violence charge affect child custody?
A domestic violence charge can significantly impact child custody proceedings. Maryland courts consider domestic violence as a factor when determining the best interests of the child. A no-contact order may prevent you from seeing your children, and a conviction can influence custody and visitation decisions. Resolving the criminal case favorably is critical to protecting your parental rights.
How Domestic Violence Charges Affect Custody, Firearms, and EmploymentA domestic violence charge in Maryland can have far-reaching consequences beyond the criminal penalties. If you are involved in a custody dispute, a DV charge or conviction can significantly affect the court’s determination of custody and visitation. Maryland family courts take domestic violence allegations very seriously, and even an unproven allegation can shift the balance in custody proceedings.
Federal law under the Lautenberg Amendment prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms. This means that even a second degree assault conviction arising from a domestic incident can permanently strip you of your right to own or possess guns. Additionally, many employers conduct criminal background checks, and a domestic violence-related conviction can disqualify you from jobs in law enforcement, education, healthcare, government, and other fields that require security clearances or professional licensing.
Understanding these collateral consequences is critical when evaluating plea offers and defense strategies. An experienced defense attorney will consider not just the immediate criminal penalties but also the long-term impact on your life when advising you on the best course of action.
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