Maryland Family Law

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.