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Assault Charges filed Against Howard County Police Officer

August 2, 2013 by

Charges for Assault Filed Against Police Officer
Second degree assault charges were filed against a Howard County Police Officer after a county grand jury returned an indictment this past week, reported The Baltimore Sun. The assault charges arise out of an incident on March 18 when the officer was off duty. Further details regarding the incident were not given.

Assault Charges: Definition of Assault

Assault charges can be filed where someone threatens or harms another person.

Assault in the second degree happens when one person physically injures another. The injuries can be minor or cause physical injury, but not serious or permanent injury.

Second-degree assault also includes causing a reasonable person to fear imminent physical harm. This means that even if you did not physically touch another person but you caused them to have a reasonable fear of being hurt by you, you could potentially be charged with assault.

Top Rated Howard County Criminal Lawyer

Jonathan Scott Smith is a former prosecutor and highly rated Howard County criminal lawyer with extensive experience in cases involving assault charges. Mr. Smith’s trial experience — and track record of successful results — has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer.
  • “10.0 Superb” as a litigation attorney by AVVO.
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
  • Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell)
  • 2013 Top Attorneys in Maryland (American Registry)
  • 2013 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.
  • “AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Criminal Defense Lawyer Columbia, MD and Ellicott City, MD

Attorney Smith has built his strong reputation on a commitment to personal service and attention, taking the time to listen carefully to your concerns and to tailor his efforts to fight for the outcome you want. He handles all types of criminal matters, including first degree assault, second degree assault, other assault charges, and homicide charges.

Contact Us Now

When you face criminal charges, including assault charges, attorney Jonathan Scott Smith will aggressively fight for you.

We represent people charged with a crime in Howard County, Anne Arundel County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County, Maryland. Call our office at 410-740-0101, or contact us online, to schedule an appointment.

 

Filed Under: Assault, Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, Domestic Assault, Domestic Violence, domestic violence attorney, domestic violence lawyer

Man Wanted in Assault Case

June 11, 2013 by

Assault Arises from Traffic Dispute
Baltimore County Police asked for the public’s help in apprehending a suspect wanted for first degree assault. The 39-year-old victim and his father were pulling into their driveway when a vehicle blocked their path. The victim got out of his car and confronted the other driver.

The victim and the suspect got into an argument, and the suspect tried to pull the victim into the vehicle. The suspect hit the victim in the chest multiple times, and then drove away. The victim then realized he had been stabbed. He was treated at Shock Trauma for his injuries.

Top Rated Howard County Criminal Lawyer

Jonathan Scott Smith is a former prosecutor and highly rated Howard County criminal lawyer with extensive experience in assault cases. Mr. Smith’s trial experience — and track record of successful results — has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer.
  • “10.0 Superb” as a litigation attorney by AVVO.
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
  • Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell)
  • 2013 Top Attorneys in Maryland (American Registry)
  • 2013 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.
  • “AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Criminal Defense Lawyer Columbia, MD and Ellicott City, MD

Attorney Smith has built his strong reputation on a commitment to personal service and attention, taking the time to listen carefully to your concerns and to tailor his efforts to fight for the outcome you want. He handles all types of criminal matters, including first degree assault, second degree assault, other assault, firearms violations and assault/homicide charges.

Contact Us Now

When you face criminal charges, attorney Jonathan Scott Smith will aggressively fight for your constitutional rights. Call our office at 410-740-0101, or contact us online, to schedule an appointment.

We represent people charged with a crime in Howard County, Anne Arundel County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County, Maryland.

 

Filed Under: Assault, Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Domestic Assault, Domestic Violence, domestic violence attorney, domestic violence lawyer

Simple Assault Defense in Columbia, Maryland

January 10, 2013 by

What is Assault?

assault-defense-lawyer
In Maryland assault you can be charged with assault even if you do not physically harm someone. Just attempting to touch another person without that person’s agreement and causing them to be fearful of being touched is considered an assault crime in Columbia and elsewhere throughout Maryland.

In a typical simple assault arrest, the police have been called to someone’s home for a domestic altercation, or somewhere to break up a fight. Even if one person was acting in self-defense, the police often arrest both parties anyway. Sometimes, the person who has signs of injury is the one who is spared arrest, even if he or she started the fight. Other times, the person who gets to the police first avoids arrest, even though that person initiated the fight. And just touching a police officer is also considered assault.

Assault Convictions Can Mean 10 Years Jail Time

Even if you never should have been arrested and the police have made a mistake, you will still be facing up to ten years in prison if you are charged with a simple assault, also known as a second-degree assault. Second degree assault is a misdemeanor and carries a fine of up to $2500.

It helps to have an attorney experienced defending clients who have found themselves in unfortunate situations like these.

Second Degree Assault Defined

Assault in the second degree happens when one person physically injures another. The injuries can be minor or cause physical injury, but not serious or permanent injury.

Second-degree assault also includes causing a reasonable person to fear imminent physical harm. This means that even if you did not physically touch another person but you caused them to have a reasonable fear of being hurt by you, you could potentially be charged with assault.

Battery, which is also considered an assault crime, means unlawfully, offensively touching another person without his or her agreement. In most situations, however, assault does refer to a fight or disagreement that has turned physically violent.

Highly Rated Howard County Criminal Lawyer

Jonathan Scott Smith is a former prosecutor with over 30 years of courtroom experience. Mr. Smith’s extensive trial experience — and track record of successful results — has earned him the recognition of his peers and clients:

  • Maryland Super Lawyer.
  • “10.0 Superb” as a litigation attorney by AVVO.
  • “AV-Preeminent™*” Peer Rating by Martindale-Hubbell Law Directory.
  • “Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
  • 2012 Top Rated Lawyer by The American Lawyer magazine and Martindale-Hubbell.

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Defense Against Simple Assault Charges in Columbia, MD

To schedule an appointment with an experienced criminal defense lawyer at the Smith Criminal Defense Law Firm, call us at 410-740-0101 or contact us online. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Domestic Assault Tagged With:

Criminal Lawyer Defending Against Felonies and Misdemeanors in Maryland

July 3, 2012 by

Making the Law and Your Rights Clear

scales-of-justice
Have you been charged with a crime? Criminal law in Maryland can be difficult to understand. A good starting point is determining the difference between a felony and misdemeanor charge, and how this classification will affect your rights.

Maryland crimes are classified as either being a “misdemeanor” or a “felony”,  and the distinction can be important. And in Maryland felony-type crimes are usually regarded as more serious than misdemeanor-type crimes.

Felony charges in Maryland include violent and serious offenses, such as:

  • Murder
  • Certain types of assault
  • Weapons charges
  • Robbery
  • Drug sales

Misdemeanor charges in Maryland include:

  • A DUI (drunk driving) offense
  • Disorderly conduct
  • Possession of marijuana
  • Shoplifting

For more information regarding Maryland law, browse the statutory law codes compiled by the University of Maryland.

Though all criminal charges are serious, felony charges are especially so. A felony conviction can result in prison time, the loss of a professional license and the loss of the right to own a gun. In addition to these direct legal penalties, consequences will likely include a high degree of difficulty in obtaining many forms of employment. That’s why a criminal lawyer defending against felonies and misdemeanors is essential to fight for you.

Criminal Lawyer Defending against Felonies and Misdemeanors in Maryland

Attorney Jonathan Scott Smith is an experienced criminal lawyer defending against felonies and misdemeanors in Maryland. He  is experienced in investigating criminal charges and is highly knowledgeable regarding other factors that courts may consider, including an individual’s family history, community connections and involvement and statements by victims and alleged victims. His diligence and experience has resulted in numerous successful outcomes following felony and misdemeanor charges. To contact Jonathan Scott Smith of Smith Criminal Defense Firm, please call 410-740-0101.

Mr. Smith is a top rated attorney and former prosecutor with more than 30 yearsof extensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including felonies and misdemeanors. With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Mr. Smith’s extensive trial experience — and track record of successful results in felony and misdemeanor criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

Contact Our Office

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in felonies, misdemeanors, as well as other criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Filed Under: Assault, Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Domestic Assault, Domestic Violence, domestic violence lawyer, driving with suspended license, Drunk Driving Tagged With: ,

Domestic Assault Charges Dismissed During Trial

May 9, 2012 by

Howard County Domestic Assault Trial
A 37-year old program manager for a major defense contractor was arrested by Howard County Police and charged with domestic assault after an argument with his wife. The accused rejected a plea offer and demanded his constitutional right to fight the charges in a trial. The case was tried in the District Court for Howard County.

Prosecutor Dismisses Domestic Assault Charges During Trial

When the case proceeded to trial, the prosecutor called the wife as the prosecution’s first witness. Jonathan Scott Smith, a Howard County domestic assault lawyer representing the husband, cross-examined the complaining witness. Mr. Smith aggressively questioned the wife about her history of filing domestic violence charges in prior relationships. Her testimony about the day of the alleged domestic assault, and the way the altercation supposedly happened, was so confusing and muddled that the prosecutor abruptly dismissed the charges in the middle of cross-examination.

What is Domestic Violence Assault?

Under Maryland law, a second degree assault (which includes what is commonly referred to as “domestic assault” or “domestic violence assault”) occurs when someone places the victim in reasonable fear of an imminent harmful or offensive touching, and the actor has the present apparent ability to carry out the threat. Assault also includes the consummated act of battery, which is an intentional harmful or offensive touching.

Penalties for Domestic Assault

Second degree assault is a misdemeanor. If convicted, the court may impose a sentence up to 10 years imprisonment, a $10,000.00 fine, or both. A conviction can have many other devastating consequences, including loss of employment; loss of a security clearance; inability to possess firearms, including hunting rifles and shotguns; and deportation if one is not a United States citizen.

Ellicott City and Columbia Domestic Assault Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience, including domestic violence and domestic assault cases. Attorney Smith has handled thousands of domestic assault and other criminal cases in the local courts, including Howard County. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

Highly Rated Howard County Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in domestic violence, domestic assault, and other criminal cases — has earned him the recognition of the legal community, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense attorneys in Howard County.

Attorney Jonathan Scott Smith represents clients in domestic assault and other criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abusecharges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Contact Us

To schedule an appointment with an experienced domestic assault lawyer and criminal defense attorney, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Filed Under: Assault, Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, Domestic Assault, Domestic Violence, domestic violence attorney, domestic violence lawyer, Uncategorized Tagged With: , , , , , , , , , , ,

How Can a Former Prosecuting Attorney Assist You with Your Criminal Defense?

May 8, 2012 by

Criminal Defense in Columbia, Ellicott City, and Howard County, MD

handcuffed1
If you have been charged with a serious crime in Maryland, your best bet may be to retain former prosecuting attorney as your criminal defense lawyer. A former prosecuting attorney has several distinct advantages in defending you against criminal charges:

  • Advantage #1: A former Maryland prosecuting attorney has the background and experience to understand how a prosecutor will likely approach your case. As a former prosecuting attorney, your defense lawyer can look at the evidence from both points of view and see the strengths and weaknesses in your case from the prosecutor’s perspective.
  • Advantage #2: Retaining a former Maryland prosecuting attorney as your criminal defense lawyer means you will be represented by someone who not only has criminal law experience and understands criminal procedure, but likely you will be defended by someone who has earned the respect of the courts and the judges.
  • Advantage #3: By understanding the strengths and weaknesses of your case from a prosecutor’s point of view, a former Maryland prosecuting attorney as your criminal defense lawyer will be in a better position to negotiate a favorable plea agreement, or render excellent advice regarding any plea offer provided by the prosecutor.
  • Advantage #4: Prosecutors understand that criminal defense lawyers who were former prosecutors will make the prosecuting attorney dot their i’s and cross their t’s. They will have to put in many extra hours, which may be difficult for overworked staff, especially with government cutbacks. This means they may be more inclined to make a deal, and you may have a greater likelihood of a more favorable plea offer.
  • Advantage #5: As a former prosecuting attorney, your criminal defense lawyer will have likely tried hundreds of cases in front of most judges in the area. This means they will have an understanding of what the judge expects and how the judge is likely to rule on the admission of certain evidence, as well as any peculiarities the judge may have regarding courtroom decorum. This may make it easier and less expensive to fashion a strong defense.

Attorney Jonathan Scott Smith is a top rated former criminal prosecutor, with over 30 years of courtroom experience in numerous criminal courts throughout the Baltimore area, including Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County. He has handled thousands of criminal defense cases, and chances are excellent he has tried cases in the same courtroom, with the same judge, and knows the prosecuting attorney who will be handling your case. You can see what many satisfied clients have to say about the job he did for them. In addition, you can check the results in real cases he has handled.

Contact Our Office

To schedule an appointment, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to work for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Filed Under: Assault, Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Domestic Assault, Domestic Violence, domestic violence attorney, illegal possession of handgun, MVA Hearing Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , ,

Man Charged with High School Assault 2

April 8, 2012 by

Student Allegedly Assaulted

Howard County Police charged a Baltimore man with coming onto Long Reach High School in Columbia and assaulting a student. He was charged with second degree assault and disorderly conduct. An onlooker videotaped the incident and posted the video online.

What is Assault?

Under Maryland law, a second degree assault (also known as assault 2) occurs when someone places the victim in reasonable fear of an imminent harmful or offensive touching, and the actor has the present apparent ability to carry out the threat. Assault also includes the consummated act of battery, which is an intentional harmful or offensive touching. Domestic assault and domestic violence assault are two examples of assault.

Penalties for Assault

Second degree assault is a misdemeanor. If convicted, the court may impose a sentence up to 10 years imprisonment, a $10,000.00 fine, or both.

Ellicott City and Columbia Assault Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience, including assault cases. Attorney Smith has handled thousands of assault and other criminal cases in the local courts. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

Highly Rated Howard County Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in assault and other criminal cases — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense attorneys in Howard County.

Attorney Jonathan Scott Smith represents clients in assault and other criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Contact Us

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

 

Filed Under: Assault, Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Domestic Assault, Domestic Violence, Uncategorized Tagged With: , , , , , , , , , , , , , , , , , , , , ,

Defending Against False Allegations of Domestic Violence

December 30, 2011 by

domestic-violence-2

Accusations of domestic violence can have both criminal and civil consequences. Civilly you could be subjected to the restrictions of a domestic restraining order, also known as a protective order. And criminally you may face assault and/or battery charges.

If you are convicted of domestic abuse you can be fined and put in jail. Even if you aren’t convicted on a criminal charge you could be subject to a protection order that requires you to move out of your home and have no contact with your spouse or minor children. Civil domestic violence matters can also affect divorce and custody matters, and can result in serious consequences including:

  • Denial of custody of minor children
  • Protective orders against you
  • Mandatory participation in anger management or other treatment
  • Civil liberties restrictions
  • Surrender of firearms

If you have been falsely accused of domestic violence, you need to:

  • Understand the gravity of the situation and never assume that, because the charges are false, you will not be convicted.
  • Prepare for the expense of your defense. Your Maryland domestic violence defense attorney needs to build a strong defense, which may include costs to obtain records, serve subpoenas, and retain private investigators.
  • Document everything by writing down every detail you remember, possible witnesses, receipts and anything else related to the charges. The more information you can give your attorney, the more effective the defense he will be able to mount for you.
  • Know your rights. If you are not arrested, you are free to leave. If you have been arrested, you have a right to an attorney and to remain silent. Law enforcement is not on your side, and a simple explanation can end up causing more problems.

Talk to a Howard County criminal defense attorney today

Allegations of domestic violence, even if false, are very serious and you need to take such charges seriously. Contact Jonathan Scott Smith online or call 410-740-0101 to discuss your case.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Domestic Assault, Domestic Violence Tagged With: , , , , , , , , , ,

What Is Domestic Violence in Maryland?

October 31, 2011 by

domestic-violence-4

Domestic violence laws apply to a wide range of behaviors committed by one intimate partner against another. But at its core, domestic violence is the use of force or duress by one person to control another. Following are the forms of domestic abuse with Maryland’s domestic violence law:

  • Physical abuse. This is defined as (1) an act that causes serious bodily harm, or (2) an act that places a person in fear of imminent serious bodily harm. This can include hitting, kicking, choking, grabbing, pinching, shoving, punching and using weapons against the victim.
  • Sexual abuse. This is forcing another to engage in sexual acts against their will and without their consent. It includes attempted or completed rape or sexual offenses.
  • Verbal threats. This includes threats of bodily harm.
  • False Imprisonment. This is the confinement or detention of a person against that person’s will, accomplished by force or threat of force, or deception.
  • Stalking. This is a malicious course of conduct that includes approaching or pursuing another where the person intends to place, or knows or reasonably should have known, the conduct would place another person in reasonable fear:
    • Of serious bodily injury; an assault; actual or attempted rape or sexual offense; false imprisonment; or death, or
    • That a third person likely will suffer any of the acts listed in the preceding paragraph.

A common misconception is that women are believed to be the majority of victims of domestic abuse. However, many men have also been victims of domestic abuse. Abuse can be frequent or infrequent, although typically it escalates over time and constitutes a pattern of behavior.

Contact a Columbia domestic violence defense attorney

If you have been charged with or are under investigation for domestic abuse, it is vital you retain an experienced Maryland criminal defense attorney immediately. A domestic abuse charge can result in your having to move out of your home and being denied contact with your children. Such a charge can also ruin your reputation and endanger your job. To talk to a lawyer who understands what is at stake, contact Jonathan Scott Smith online or call 410-740-0101 today to schedule a consultation.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, Domestic Assault, Domestic Violence Tagged With: , , , , , , , , , , , , , , , , ,

Protective Order for Domestic Violence Overturned on Appeal

July 18, 2011 by

A protective order for domestic violence was entered by the District Court for Howard County against a 33 year old analyst after his estranged wife filed a petition requesting a restraining order based on alleged domestic violence and domestic assault. The husband appealed, knowing that he had done nothing wrong. Under Maryland law, an appeal is heard in the Circuit Court “de novo,” meaning a new trial as if the first one had never taken place. The client was represented by a different lawyer in the unsuccessful first trial, and knew he needed an experienced Howard County domestic violence lawyer for the appeal. That’s why he retained Jonathan Scott Smith, an aggressive former prosecutor with more than 30 years of courtroom experience with a track record of successful results.

Maryland family law permits a person to file a petition and obtain a protective order if there is clear and convincing evidence of “abuse.” Abuse means an act that causes serious bodily harm; an act that places a person in fear of imminent serious bodily harm; assault in any degree; rape or sexual offense; false imprisonment; and stalking. A court may grant a wide range of relief, including: an order to leave the home; an order not to abuse, contact, or harass; an order to stay away from the victim’s residence and work, and the children’s school and child care provider. In addition, the court may grant exclusive use and possession of the family home and vehicle, custody, child access, and emergency family maintenance.

In many cases, the protective order law is abused by people who want to end their marriage and manipulate the legal process to gain an unfair advantage in divorce and custody cases. In the current case, the wife acknowledged that she wanted out of the marriage. She filed for a protective order after leaving the family home, and admitted under cross examination that she not only wanted custody, but to have the child “all the time.”

The wife claimed a long history of alleged abuse and injuries. However, there wasn’t any corroborating evidence. Under extensive questioning by Mr. Smith, she admitted she had never been treated by a hospital or doctor; the police had never been called to the home; there weren’t any witnesses; and there weren’t any photographs of any injuries. In fact, the woman even admitted that she continued living with her husband and sleeping in the same bed after the last alleged incident of abuse. Her claims were also contradicted by testimony she had given earlier, and even by her own petition signed under oath.

The case was heard in the Circuit Court for Howard County. After hours of testimony and argument, the judge concluded that there wasn’t clear and convincing evidence of domestic violence and denied the protective order.

If you or a loved one are falsely accused of domestic violence or domestic assault, and someone is seeking a restraining order or protective order, call Jonathan Scott Smith now 410-740-0101 or contact his office online for immediate help.

Filed Under: Domestic Assault, Domestic Violence, domestic violence attorney, domestic violence lawyer, Peace Order, Restraining Order

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