Domestic Violence
Domestic violence statutes now permit immediate remedies for an abused spouse 24 hours a day 365 days per year. When the court is open the victim may apply to the local district court or to the local circuit court in the county where the incident occurred. If there is a divorce or open action pending between the parties involved in the domestic violence at the circuit court level then the proper place to file a domestic violence petition is in the circuit court. If the courts are closed then the local commissioner’s office will accept the complaint and is authorized, when applicable, to issue immediate orders including orders to stay away, control of the residence, custody, and an order not to communicate with the victim and/or child(ren) of the parties. In Harford County the Spouse Abuse Resource Center or SARC has a hot line at 410-836-8430 to assist with emergency circumstances and provide referral information. After the initial order, a follow-up hearing in court will be scheduled at which it is very desirable to have an attorney represent you. These hearings take place on rather short notice, within days or a week and therefore you should communicate with your legal counsel as soon as possible to arrange for their availability. Domestic violence petitions are also available in situations involving child abuse, threats of serious harm, assault, battery, sexual assault, rape or sexual offense, attempted rape or sexual offense in any degree, false imprisonment, stalking, any act that causes serious bodily harm and an act that places a person eligible for relief in fear of imminent serious bodily harm. It is important to bring domestic violence claims promptly. The first step in the process is simply a call to 911 indicating that an act of abuse has occurred and requesting police assistance. If possible, it is desirable to speak with legal counsel, but this may not be possible due to the timing of the event.
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