Domestic Violence Assault & Battery

Domestic violence is a pervasive issue which can have lasting impacts on victims, alleged perpetrators, and their families. Historically, domestic violence was viewed as a “private family matter” in which the State ought not involve itself. As society progressed over the last few decades, so has the law surrounding domestic violence. Domestic violence cases are now among the most aggressively prosecuted cases in the court system, and civil remedies such as protective orders and peace orders are more common than in past decades. 

Domestic violence cases often involve both criminal law and family law, presenting complex challenges that require a multifaceted legal strategy. For example, the same act can result in both criminal charges and either a protective order or a peace order. In such a situation, it is important to retain a law firm with expertise in both criminal law and family law for comprehensive legal representation.  

What are protective orders and peace orders? 

Protective orders and peace orders are both civil proceedings. If granted, both a protective order and a peace order will order the offending party (referred to as the “respondent”) to stay away from the filing party (referred to as the “petitioner”). There are several differences between protective orders and peace orders, but the main differences relate to the relationship between the parties and the acts that can be the basis for either a protective order or a peace order.  

Read More: Common Questions about Peace Orders in Maryland 

Read More: Common Questions about Protective Orders in Maryland 

Protective orders are designed for individuals with a specific relationship to the respondent. In the protective order context, a “person eligible for relief” includes: 

• The current or former spouse of the respondent; 

• a cohabitant of the respondent; 

• a person related to the respondent by blood, marriage, or adoption; 

• a parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition; 

• a vulnerable adult; 

• an individual who has a child in common with the respondent; 

• an individual who has had a sexual relationship with the respondent within 1 year before the filing of the petition; and 

• an individual who alleges that the respondent committed, within 6 months before the filing of the petition, rape, a sexual offense, attempted rape, or attempted sexual offense in any degree. 

If an individual does not fall within the specified relationships of a “personal eligible for relief” for a protective order, the individual is eligible for a peace order. 

The basis for a protective order 

The acts which can form the basis for a protective order are codified in Md. Code, Family Law § 4-501(b). 

In the protective order context, “abuse” can be any of the following acts: 

1. An act that causes serious bodily harm; 

2. An act that places a person eligible for relief in fear of imminent serious bodily harm; 

3. Assault in any degree; 

4. Rape or sexual offense or attempted rape or sexual offense in any degree;  

5. False imprisonment; 

6. Stalking; 

7. Revenge porn; 

8. Abuse of a child; or  

9. Abuse of a vulnerable adult.  

The basis of a peace order 

The acts which can form the basis for a peace order are codified in Md. Code, Courts and Judicial Proceedings § 3-1503(a). There is some overlap between the bases for a protective order and bases for a peace order. 

The bases for a peace order are as follows:  

1. An act that causes serious bodily harm;  

2. An act that places the petitioner or the petitioner’s employee in fear of imminent serious bodily harm;  

3. Assault in any degree;  

4. False imprisonment;  

5. Harassment; 

6. Stalking; 

7. Trespass; 

8. Malicious destruction of property; 

9. Misuse of telephone facilities and equipment; 

10. Misuse of electronic communication or interactive computer service; 

11. Revenge porn; or  

12. Visual surveillance. 

Is my domestic violence case civil or criminal? 

There are other differences between protective orders and peace orders beyond the differences summarized above. If you have specific questions about the differences between protectives orders and peace orders, contact an experienced family law attorney at Silverman Thompson.  

The acts listed above forming the bases of protective orders and peace orders can also result in criminal charges, in addition to either a protective order or peace order. Although the same act can result in both criminal charges and either a protective order or peace order, it is important to note that the standard of proof a court or jury will apply in deciding the case differs between a criminal case and a protective order or peace order.  

In a criminal case, the defendant must be found guilty beyond a reasonable doubt to be convicted. In protective order and peace order cases, the judge must find that the respondent committed the prohibited act by a preponderance of the evidence, a lower standard of proof essentially meaning more likely than not, in order to enter a protective order or peace order.  

Why you need an expert criminal defense and family law attorney

Protective order and peace order cases move through the court system quicker than criminal cases and are often resolved before the criminal case goes to trial. Any testimony given or evidence admitted in a protective order or peace order case can be used by the prosecution in a related criminal case. For this reason, it is important to retain a law firm with expertise in both criminal law and family law to employ the most effective legal strategy for your unique situation.  

Our Domestic Violence team is headed by Senior Partner and former Assistant State’s Attorney Brian G. Thompson. As a State Prosecutor, Mr. Thompson was tasked with creating a Domestic Violence Unit to track and more aggressively prosecute these matters. As a full-time criminal defense attorney since 1998, Mr. Thompson has handled hundreds of these cases in Baltimore City, Baltimore County, and throughout the State. Mr. Thompson’s extensive experience in these matters is complemented by other members of the Silverman Thompson Criminal Defense Team, including Managing Partner Steve Silverman and Partner Creston Smith, who have also successfully defended hundreds of these matters.  

Our Family Law team is headed by Senior Partner Monica L. Scherer. Ms. Scherer has decades of family law experience representing both petitioners and respondents in protective order and peace order proceedings.  

Our criminal defense and family law teams work collaboratively to assist clients faced with criminal prosecution and a protective order or peace order case. Please contact us toll-free at 800.385.2243 for a free consultation. 

Disclaimer: This page is informative in nature. The information contained herein is not to be considered legal advice and there is no attorney-client relationship formed between Silverman Thompson and the reader.