Obtaining a favorable result in the domestic violence case has always been important with respect to any subsequent family law litigation. The recent changes to the grounds for Absolute Divorce articulated in the Annotated Code of Maryland make it likely that the domestic violence process will become the rocket docket of family law. If you are prepared for the domestic violence case you may obtain advantages that last throughout the entire divorce process.
If you are the victim, called the Petitioner, be prepared to give the Court a thorough history of your relationship with the abuser: The Court of Appeals of Maryland has stated that evidence of alleged past abuse is relevant to establish the need for protection. Take photographs of any injuries however scant: documentary evidence will add credibility to your presentation, particularly where the only other evidence is your own testimony. See a doctor and produce those medical records for the Court: Judges need to see that you have acted appropriately in response to the trauma. With respect to the actual incident giving rise to the Petition, you must be prepared to give the Court concrete details: testifying as to the day, date, time and place of the incident will add immeasurable credibility to your case and put the other side on the spot to respond affirmatively.
If you will seek emergency family maintenance, you must testify as to your financial needs (rent, child care, food, insurance, etc.,) and the resources available to both parties. Failure to put on this testimony will open the door for the other side to argue, correctly, against any financial assistance. Make a list of all of your income and monthly expenses and provide the Court with all supporting documentation. Get paystubs and tax returns: if you cannot obtain a copy of the Respondent's paystub you can still put their income into evidence with a copy of the tax return.
If you are charged with being the abuser, called the Respondent, you are in a much weaker position initially: as the Court hearing will take place in seven days you have little time to obtain an attorney, thus it is important to quickly seek a lawyer who specializes in this type of case and is familiar with the local practices. Be completely honest with your lawyer. If you admit to the incident you move immediately to damage- control mode: register and begin anger management counseling, even one session prior to trial will provide the Court with some evidence of your sincerity. If you cannot begin the counseling that quickly ask the Court to refrain from making a finding of abuse and set the case for a review in 30 days. If there is no history of prior abuse argue that the absence of prior abuse is also relevant in fashioning the appropriate remedy. Be creative in providing the Court with possible solutions.
If you completely deny responsibility or the incident, you must aggressively try the case. Pin the Petitioner down as to details of the abuse and remember that the Petitioner must prove their case by clear and convincing evidence, the second-highest evidentiary standard. If the Petition is based upon an alleged fear of imminent serious bodily harm, usually verbal threats, remember that it must be shown that the Respondent had the present ability to carry out the threat: I once had a case where the Petitioner alleged that she lived in fear that the Respondent would carry-out his threat to shoot her, although cross-examination revealed that the Respondent was elderly, enfeebled, incontinent, suffered from senile dementia, was wheelchair-bound and did not possess a gun. That Petition was dismissed. If the Petition is based upon an alleged assault under section 4-501 (b) (iii), use the traditional defenses to criminal assault, self defense or mutual affray.
Remember that all Judges appreciate people who are prepared for trial, know the law and offer a concise presentation. The Judges do not have time to hear your every grievance: if you speak clearly and stick to the point, our Courts can help you through this difficult time.
