Civil and Criminal Actions in Prince George’s County Domestic Violence Cases

The important thing to note of civil and criminal actions in Prince George’s County domestic violence cases is that family violence is a category, not a charge. An experienced domestic violence attorney knows that these actions may be handled differently but seen as equally serious offenses in the eyes of the law.

Civil vs. Criminal Domestic Violence Action

Civil and criminal actions in Prince George’s County domestic violence cases cover Criminal action is one that involves pressing charges against another person, especially in assault charges, harassments, and even violation of protective orders from them.

How Do Protective Orders Contribute to a Claim?

A protective order is a civil action and that is where someone files for a peace order or protective order. Generally, someone is related to another by blood, marriage, or they have been living together with a sexual relationship. That is a protective order. That is when domestic violence generally happens. Peace orders are for everyone else, but it is a little bit less strict in nature, so it is considered a lower-level order.

A person can withdraw a protective order if they filed a domestic violence action. As for the criminal charge, they do not have the authority, but they can make their wishes known to the state’s attorney. Almost throughout, the attorney can decide to prosecute even against the wishes of the victim if they desire. They can compel the witness, the victim, to testify in the case even if they do not want to, in order to prosecute it unless the victim has some form of privilege, such as a spousal privilege to avoid testimony.

How the Role of an Accuser Can Vary

When a person files a civil protective order, they are seeking protection. They are telling the court that they are a person eligible for relief. To be a person eligible for release, they have to be a victim or have suffered one of any number of things. There are check boxes the person must select on a form that qualifies them to be a person eligible for release. It could be stalking, harassment, threats, false imprisonment, or assault. Anything of that nature, including others, that are listed could be a basis to be considered a person eligible for release and could lead to a protective order.

Likelihood of Dropping or Withdrawaling Civil Actions

In a civil case, the accuser is considered the petitioner of alleged family violence incident(s). The person is petitioning the court to have a person leave them alone for the most part. They have provided a basis of why the petition should be granted, but it is not filing charges.

A person who files a petition can always withdraw the petition at their own discretion whenever they wish. If the order is actually entered, then they usually have to go court in an open hearing and advise the court they want the petition withdrawn or the order withdrawn so the judge can ensure that no one is threatening them or forcing them to do it and they are doing it of their own free will.

Criminal Family Violence Trial Process

If someone is accusing another of a crime, they either report the police to proceed with charges or they file an application for criminal charges. They are not asking for anything unlike in a civil action where they are asking for protection for an individual. In a criminal action, all they are doing is reporting a crime and leaving it to the prosecutor to prosecute it. They are just a witness for the prosecutor.

Only a prosecutor can drop charges in criminal domestic violence actions. Even if an alleged victim or an accuser wants to drop the charges, the prosecutor does not have to abide by their wishes, could proceed anyway, and could even compel a victim to testify unless they otherwise have a privilege. That is entirely within the purview and authority of the prosecutor on whether or not to proceed.

Importance of Not Speaking with the Accuser

There is a multitude of reasons for someone facing civil and criminal actions in Prince George’s County domestic violence cases to limit contact with the accuser. There could be a no-contact provision, in which case communication will be a violation, could lead to new criminal charges, and could revoke their release sentence. That is a big part of it. If communication is appropriate or desired, then an attorney should be utilized to ensure that it is done in the proper fashion.