At Colbert Law Firm, we offer experienced, focused legal representation for clients facing domestic violence charges. There’s no doubt that being accused of domestic violence can turn your life upside down in an instant. With 20+ years of experience, our domestic violence attorneys can help you navigate the legal system while protecting your rights, your reputation, and your future. If you or someone you care about has been arrested or accused of domestic violence, don’t wait for a day more.
Domestic Violence Laws and Penalties in Maryland and D.C.
Maryland does not have a specific statute labeled “domestic violence” in the criminal code. Instead, charges fall under broader crimes such as second-degree assault, false imprisonment, harassment, or reckless endangerment. These charges are then categorized as “domestic” when they involve certain relationships, such as spouses, intimate partners, family members, or individuals who share a residence. The most common DV-related charge in Maryland, second-degree assault is a misdemeanor punishable by up to 10 years in prison and a $2,500 fine. If the assault is alleged to have involved a weapon or caused serious physical harm, the charges may escalate to first-degree assault, a felony with up to 25 years in prison. In Washington, D.C., domestic violence is governed by the Intrafamily Offenses Act. D.C. law. It broadly defines domestic violence and includes acts like assault, threats, destruction of property, and stalking when committed against someone with whom the accused has or had a personal relationship. In D.C., even a minor incident can lead to a mandatory arrest policy. For instance, an accusation of simple assault (even without visible injuries) could result in an arrest, a stay-away order, and the possibility of facing a misdemeanor punishable by up to 180 days in jail and/or a $1,000 fine. More serious offenses, such as felony assault or threats, carry steeper penalties.
What Leads to a Domestic Violence Charge?
A domestic violence charge can arise from different situations, not all of which involve physical harm. In both jurisdictions, law enforcement officers are trained to arrest the primary aggressor based on a few minutes of observation and one person’s account. Some common triggers include:
- Heated arguments that escalate and draw police attention.
- Disputes during or after a breakup or custody exchange.
- Neighbors calling the police after hearing raised voices or commotion.
- One partner calling 911 out of frustration or fear, not realizing it will lead to an arrest.
- False or exaggerated claims made in the heat of the moment or to gain leverage in custody or divorce proceedings.
In D.C., even if the alleged victim decides not to pursue charges, the government can and often does move forward with prosecution. In Maryland, the complainant’s role is also limited once charges are filed.
What Can You Expect After a Domestic Violence Arrest?
A DV arrest usually comes with immediate and life-changing consequences, even before you get your day in court. In both Maryland and D.C., you may: Be held overnight before seeing a judge. Face a temporary protective order or civil protection order to restrict contact with the alleged victim. Be forced to move out of your home. Lose temporary custody or visitation rights to your children. Be subject to GPS monitoring or alcohol monitoring, depending on the allegations. In Maryland, a final protective order can last up to one year, and a violation is a criminal offense. In D.C., civil protection orders can last up to two years, and breaching one can lead to criminal contempt charges</br
How a Domestic Violence Charge Affects Child Custody
Perhaps the most devastating consequence of a DV charge is its impact on your relationship with your children. In Maryland, courts consider a history of domestic abuse as a critical factor when determining custody and visitation rights. A single arrest without a conviction can shift custody in favor of the other parent or result in supervised visitation. In D.C., a parent’s involvement in domestic violence is one of the primary factors a judge must consider when making custody decisions. If you’re under a protective order, you may be barred from seeing your children until the matter is resolved. Worse, DV findings can linger in family court even after criminal charges are dismissed.
