Who Can Seek a Protective Order in Maryland

What Parties May Be Eligible for Protection from the Court?

Who Can Seek a Protective Order in MarylandIn Maryland, when you have been the victim of certain types of abuse or violence, you can ask the court to issue a protective order, preventing the person who committed the wrongful act from have certain types of contact with or proximity to you. You must, however, be in one of the following relationships with the perpetrator of the violence or abuse in order to qualify for a protective order. Those categories include:

  • The current or former spouse of the respondent (person against whom the order is sought)
  • A person related by marriage, blood or adoption to the respondent, including a parent, child, stepparent, stepchild or adopted child of the perpetrator
  • A person who lives with the respondent
  • A person who has had a child in common with the respondent
  • A person who has had a sexual liaison or relationship with the respondent within the last 12 months
  • The victim of a sexual offense perpetrated by the respondent within the last 6 months
  • A vulnerable adult who has been the victim of abuse or violence by the respondent

Experienced Prince George’s County Criminal Defense Attorney

Attorney Jonathan Scott Smith brings more than 40 years of experience to criminal defendants throughout the Baltimore County area and across the state of Maryland. For more than 30 years, he has been consistently received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar. He has been listed among the top 100 lawyers in Maryland listed by SuperLawyers and was designated a Top-Rated Lawyer by The American Lawyer Magazine. He has been the recipient of Martindale-Hubbell’s Client Distinction Award, an honor bestowed upon less than 4% of all lawyers nationwide.

Throughout his years in practice, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges. He will zealously protect your constitutional rights, taking the time to carefully investigate your case and confirm that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll interview all key witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Proven Maryland Drug Crimes Defense Lawyer

Contact our office by e-mail or call 410-740-0101 for a free initial consultation. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

The Penalties for Domestic Violence in Maryland

The Consequences of a Conviction for Domestic Abuse

The Penalties for Domestic Violence in MarylandProsecutors and legislators in Maryland take a serious approach to domestic violence and abuse. If you are convicted of assault in relation to domestic violence, you can be sentenced to:

  • Up to 1o years in prison on a charge of second-degree assault. Second-degree assault includes any type of offensive touching that reasonably puts the victim in fear of imminent harm.
  • Up to 25 years in prison when charged with first-degree assault. An assault will rise to the level of first-degree assault if a firearm is involved or if the assault causes serious bodily injury or death.

To determine whether a defendant will be charged with first-degree assault, prosecutors will typically look at a number of aggravating factors, including:

  • The nature and extent of injuries
  • Whether or not the injuries are permanent
  • Whether or not there were any broken bones
  • Whether or not the victim required emergency medical treatment or hospitalization

Aggressive Ellicott City Criminal Defense Lawyer

Attorney Jonathan Scott Smith brings more than three decades of experience to criminal defendants across the Baltimore metropolitan area and the state of Maryland, including people charged with domestic violence or abuse. He has been received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar for more than 34 years. He has been ranked among the top 100 lawyers in Maryland listed by SuperLawyers and was named a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all lawyers nationwide.

Over the past three decades, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges, including prosecution for domestic violence or abuse. He will work hard to protect your constitutional rights, fully investigating your case to verify that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll question all potential witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Results-Oriented Montgomery County Criminal Defense Lawyer

Contact our office by e-mail or call 410-740-0101 for a free initial consultation. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Violation of Protective Orders in Maryland

The Potential Consequences of Violating the Terms of a Restraining Order

Violation of Protective Orders in MarylandIn Maryland, protective orders can be put in place for many reasons, often in connection with allegations or findings of domestic violence or abuse. Any violation of the terms of a protective order can be considered contempt of court, and can subject you to an arrest warrant. Typically, when a person has acted contrary to the terms of a protective order, the person being protected has the right to call law enforcement officers, who will typically investigate. If there’s probable cause to believe that the order has been violated, the offender may be arrested, and could face fines and/or jail time.

There may, however, be additional consequences for such actions. If you are a party to a divorce proceeding or are a non-custodial parent, you may face sanctions, such as limitation of visitation.

AV-Rated Baltimore Criminal Defense Lawyer

Attorney Jonathan Scott Smith has more than three decades of experience successfully protecting the rights of DWI/DUI defendants across the Baltimore metro area and the state of Maryland. He has been awarded an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System by fellow members of the Maryland bar for more than 34 years. He has been listed among the top 100 lawyers in Maryland listed by Super Lawyers as well as a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all attorneys listed in Martindale-Hubbell’s directory.

Over the past 30+ years, attorney Smith has successfully handled the defense of a wide range of criminal charges, including cases involving prosecution for domestic violence. He will aggressively protect your constitutional rights and fully investigate your case to determine whether police and prosecutors follow proper procedures when gathering evidence. He’ll carefully interview all potential witnesses, so that he can prepare and present the most compelling arguments in your defense at trial.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Effective Howard County Criminal Defense Lawyer

Contact our office by e-mail or call 410-740-0101 for an appointment. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Domestic Violence in Maryland

What Constitutes Domestic Violence? | What Are the Grounds for Arrest?

Domestic Violence in MarylandIn the state of Maryland, certain criminal acts involving family members constitute domestic violence or assault and can lead to the arrest of the alleged perpetrator and allow the victim to obtain a protective order.

What Is Considered Domestic Violence in Maryland?

Maryland domestic violence law makes it illegal to commit the following acts upon a family member:

  • physical assault, either in the form of bodily harm or threats of imminent bodily harm,
  • rape or other sexual assault,
  • stalking,
  • child abuse or abuse of a vulnerable adult, or
  • false imprisonment.

The domestic violence statutes protect spouses, children, parents/stepparents, persons in the home related by blood, and adults who cannot take care of themselves.

When Can a Person Be Arrested for Domestic Assault or Violence?

The police may arrest a perpetrator without a warrant, provided (1) the assault is reported within 48 hours, (2) there is evidence of injury, and (3) there’s a reasonable belief the person committed domestic assault or abuse. To execute a warrantless arrest, police also must reasonably believe the perpetrator will flee, destroy evidence, or cause bodily injury or property damage.

Experienced Maryland Domestic Violence Defense Attorney

Attorney Jonathan Scott Smith brings nearly 40 years’ experience to people across the Baltimore area and throughout Maryland who have been charged with a crime, including domestic violence or abuse. He is AV-rated (the highest possible) by other attorneys under Martindale-Hubbell’s Peer Review Rating System and has been listed as a Top-Rated Lawyer by The American Lawyer magazine. A Maryland SuperLawyer, Jonathan has received the Client’s Choice Award from AVVO, with a 5-star average rating (the highest possible) for all his client reviews. He also has a perfect 10.0 (Superb) rating as a litigator from AVVO.

Attorney Smith will be at your side at every stage of a criminal prosecution, from investigation to arraignment to trial, making certain your constitutional rights are protected. He takes an aggressive approach to criminal defense, carefully reviewing police reports and interviewing all potential witnesses in order to present the most compelling arguments in your defense. He’s a proven and respected trial attorney, always willing and able to protect your rights before a judge and jury.

Proven Baltimore County Criminal Defense Lawyer

Contact Maryland criminal defense attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Our firm handles domestic violence cases in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County in Maryland.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101