Maryland Family Law

Domestic violence and immigration

The federal Violence Against Women Act protects immigrants who are victims of domestic violence, and allows the immigrant to petition for permanent residency on his/her own behalf.  The purpose of this provision in the act is to remove the abuser spouse's ability to use immigration consequences as a threat against the abused spouse.  An interesting article in Slate discusses the potential for fraud in such cases, and underlines the difficulty one can have in proving (or defending) allegations of domestic violence.    

The Digital Touch

Foxnews.com posted an article about an Orlando man who was jailed for violating a domestic violence order by attempting to "friend" his ex-wife on Facebook.  In Maryland and many other states, protective orders are broadly construed, meaning that text messages, voicemail and e-mails are all considered "contact" with the Petitioner.  Penalties for violating protective orders are severe:  in Maryland, each violation is punishable by imprisonment, a fine, or both.  In addition, violating a protective order also makes it more likely that the Petitioner will be able to extend the order past the original order date.    

Maryland Legislative Overview

In 2010, several bills pertaining to family law passed the Maryland Legislature.  The Maryland Child Support Guidelines have been revised, the filing fee surcharge is being increased, and protective orders can be extended for up to 2 years under certain circumstances.  As I have mentioned before, the child support revisions and the protective order extensions have been a frequent topic in legislative years past.  As is often the case, versions of these bills were introduced prior years and did not pass, however support for these measures grew over time.  I also find it interesting in that these changes result in Maryland family laws more closely resembling the laws of other states.  What changes would you like to see in Maryland family law?  What will family law look like in five years?  

Domestic violence....protecting your family

This weekend, the Washington Post included this editorial commenting on the Castillo matter, a recent case in which the father confessed to killing his children during a visit.  The editorial describes some of the factors involved in a custody dispute where violence has also been alleged.  These cases are so difficult for judges, their decisions can have life or death consequences.  To receive a protective order, the person seeking relief must be able to prove "clear and convincing evidence," which can be difficult and is interpreted somewhat differently by different judges.  If you or your children have been the victim of domestic violence, please check out the links for help and resources for your situation.  Your safety is important, and you may need help in fighting for your rights.

Getting a restraining order

Today, Slate.com featured a basic introduction to restraining orders.  The piece described the law regarding these orders in several states, including Maryland.  The story accurately describes the legal standard the applicant has to meet: "clear and convincing" evidence must be presented.  This is a higher standard (ie, harder to meet) than the usual "preponderance of the evidence" standard used in most civil cases.  Did you know you can get a temporary protective order at any time of the day or night?   For more information, check out some of the links on this blog.

Domestic violence against animals

In California, you may soon be able to get a protective order for your pet.  A new bill would allow a petitioner to include a pet when requesting the order, fueled by research that batters often threaten or attack pets to control a victim of domestic violence.  While I don't expect this bill to become law or catch on in other states, this is evidence that state legislatures are giving victims of domestic violence more rights and options to protect themselves.