Being accused of domestic violence can have a significant impact on various aspects of your life. Not only might you be arrested and face jail time, but you may lose access to your children and be forced to move out of the home you share with your partner. Failing to challenge a domestic violence accusation can also impact your employment, reputation in the community, and ability to possess a firearm. While domestic violence is a serious issue, so is making false accusations — and it’s crucial to take the steps necessary to protect your rights.

At Strickler, Platnick & Hatfield, we provide skillful representation to those who have been accused of domestic violence. Whether you’ve been served with a protective order, or the allegations were made during the course of family law proceedings, our experienced attorneys can help you navigate the legal system. Offering the support you need during this challenging time, we will work to develop a strategy in your case to safeguard your interests.

What is Domestic Violence in Maryland?

Domestic violence can be a criminal or family law matter — or sometimes both. Abuse that constitutes domestic violence is defined under Maryland family law as any of the following acts:

  • An act that results in serious bodily harm
  • An act that places an eligible person for relief in fear of imminent serious bodily harm
  • Assault
  • Rape or attempted rape
  • False imprisonment
  • Stalking
  • Revenge porn

A person eligible for relief under the family law statute can include a current spouse, former spouse, or a cohabitant. Also protected by the law are relations by blood, marriage or adoption; a parent, stepparent, child, or stepchild; and others who have had an intimate relationship with the respondent. Depending on the circumstances, the petitioner may be entitled to an order of protection, emergency family maintenance, exclusive possession of the family home, or sole child custody. If domestic violence is proven in a divorce case, in some circumstances the petitioning spouse might also be awarded a larger share of the marital property.

Aggressive Advocacy for Domestic Violence Accusations

A couple that never had domestic violence issues may suddenly experience violent behaviors when emotions are running high in divorce. Sometimes, a party may even make false accusations of domestic violence in an attempt to gain a tactical advantage. Others may fabricate instances of abuse out of retaliation or anger. Regardless of the circumstances, if you’ve been accused of domestic violence, our attorneys can help you mount a strong defense.

Some of the potential defenses that may be available in your case can include:

  • Self-defense — If you can show that you were being threatened with violence and acted in self-defense, you may have a viable defense.
  • Defense of others — Similar to self-defense, you might have a valid defense to the allegations if you can demonstrate that you were trying to protect someone else, such as a child, from harm.
  • Lack of evidence — Often, accusations of domestic violence involve “he said-she said” situations. If there is not enough evidence to support the accuser’s claim, you may be able to avoid a finding of domestic violence in your case.
  • False or exaggerated allegations — If you can show that the accusations are not based on the actual facts of what happened or they were entirely fabricated, you may be shielded from the allegations.

At Strickler, Platnick & Hatfield, we will assess your case and create a strategy to secure the best possible outcome. We will aggressively challenge the claims made against you and ensure you receive a fair legal process. Whether the allegations are true, our family law attorneys will protect your rights every step of the way.

How Can Domestic Violence Accusations Impact Your Family Law Case?

Accusations of domestic violence can impact your divorce or family law matter in several ways. If the allegations are not challenged in a divorce case and the court finds against you, under some circumstances your spouse may be awarded a larger share of the marital property. Critically, if your spouse can demonstrate that your allegedly abusive behavior prevented them from being employed, going to school, or becoming self-sufficient, a judge may take this into consideration when awarding alimony.

When it comes to custody matters, if a judge determines that abuse occurred and your child’s welfare is at risk, they may limit your contact with your child or order supervised visitation. A court will always consider the best interests of the child first and foremost by evaluating a number of statutory factors, including whether a parent’s behavior jeopardizes their safety.

At Strickler, Platnick & Hatfield, we know there is a lot at stake if you’ve been accused of domestic violence. Offering diligent representation to clients facing allegations of domestic violence in their divorce and family law cases, we are adept litigators in the courtroom. Well-versed in Maryland’s domestic violence laws, our family law attorneys will work to reach a positive resolution on your behalf.

Contact an Experienced Family Law Attorney

If you have been accused of domestic violence by a spouse, partner, or family member, a knowledgeable Maryland family law attorney can advocate for your rights and ensure your case is presented fairly in court. At Strickler, Platnick & Hatfield, we provide representation to clients facing domestic violence allegations in their divorce and family law matters in Maryland, Virginia, and Washington, D.C. Contact us to schedule a consultation to learn how we can help.