Baltimore Domestic Violence Civil and Criminal Actions

In Baltimore domestic violence civil and criminal actions the accused cannot contact the accuser throughout the proceedings. An experienced domestic violence lawyer knows that if the accused reaches out to the accuser, they can be arrested, held in jail, and charged with new crimes.

Civil Domestic Violence vs. Criminal Domestic Violence Actions

The main difference between Baltimore domestic violence civil and criminal actions is the treatment of each case. A civil action is considered either a protective order or a peace order. A protective order is issued when the people involved are related or domestically-related. In that situation, a civil action means the person who requested the order is a petitioner and the person who is being filed against is a respondent.

There is no prosecutor involved in civil order cases because a protective order is not distinguished as a criminal case. This means there is no risk of jail time. Civil or protective orders are handled as a domestic court proceeding. However, a violation of the order, can lead to an arrest.

A criminal action involves prosecutors and serious consequences for their alleged crimes. The person can face jail time and have a bond set. Depending on the case, the accused could potentially sit in jail while waiting for their court date. However, this typically occurs if they face significant incarceration on a finding of guilt.

 

What Circumstances Allow Domestic Charges to Be Dropped

Dropping charges are handled differently in both Baltimore domestic violence civil and criminal actions. An accuser cannot drop charges in a criminal domestic violence action. In a civil case, the petitioner can withdraw the protective order. The State of Maryland, not the accuser, is against the defendant in criminal cases. The victim is only a witness for the state.

What Happens if a Petitioner Decides not to Pursue a Case?

If a petitioner decides the no longer want to continue with the act, they can go to court to withdraw it or just not show up. If they do either of those two things, the petition is withdrawn or cancelled and dismissed. However, if the order is already in place, the petitioner must file a request to have it withdrawn and then generally appear in court in front of a judge to show why they want to withdraw it.

If a criminal charge is filed, the state attorney can require the petitioner to participate in a criminal case. If no charge was filed or reported, it is highly unlikely for a prosecutor to pick up the case and charge. It is up to the prosecutor alone to decide whether they want to proceed.

Understanding the Role of the Prosecution

The prosecutor may consult with the accuser to identify any issues they may have such as:

  • Working things out with the defendant
  • Requesting the defendant receive anger management training
  • Whether they are seeking restitution

It is up to the prosecutor to make a decision and often, the judge can impose a sentence and the finding of guilt.

Potential Consequences of a Civil Family Violence Action

A petitioner can ask for a multitude of things in a civil domestic violence action. In addition to having no contact with the respondent, if the two people live together, the petitioner can ask for immediate possession of the marital home.

The accuser can get emergency family maintenance such as a monetary award or custody of children. They can force the respondent to stay away from them, their place of work, the children’s school, and anything of that nature. There are many things that go with a protective order that a person can gain if they file for one. Whether you are facing both Baltimore domestic violence civil and criminal actions or just one form of charges, it may be critical to contact an attorney who can help your case.