Domestic Violence Defense Lawyer
A domestic violence allegation in Maryland moves faster than almost any other criminal matter. An interim protective order can be issued the same night, before anyone has heard the other side of the account, and a final hearing is often scheduled within a week or two. Two cases run at once, in different courts, under different standards of proof. At Walsh-Little Law, David Walsh-Little defends clients facing assault and protective order matters in the District and Circuit Courts of Baltimore City and the surrounding counties.
David Walsh-Little spent over a decade with the Maryland Office of the Public Defender, including three years as chief of the felony trial division in the Baltimore City office, and more than four years as an assistant federal public defender. He has handled assault and protective order matters from inside the system that prosecutes them.
How Maryland Charges Domestic Violence
Maryland does not have a criminal offense called "domestic violence." There is no separate statute you can be charged under by that name. Instead, conduct that happens between family members, spouses, former partners, or people who live together is prosecuted under the same criminal statutes that apply to everyone else, most often second degree assault under Maryland Criminal Law § 3-203. What changes is not the charge itself but everything that surrounds it: how quickly police act, how the case is treated by the State's Attorney's Office, and the civil protective order that usually runs alongside the criminal case.
Second degree assault is a misdemeanor in Maryland, but the word misdemeanor is misleading here. It carries a maximum penalty of up to 10 years of imprisonment and a fine of up to $2,500. If the allegation involves serious physical injury, or a firearm, the State may charge first degree assault under § 3-202, which is a felony carrying up to 25 years. Related charges frequently filed alongside an assault count include reckless endangerment, false imprisonment, malicious destruction of property, and telephone misuse or harassment.
Two features of these cases catch people off guard. The first is that the alleged victim does not control the prosecution. Once charges are filed, the decision to proceed belongs to the State's Attorney, not to the person who called the police. A case can move forward even when the complaining witness asks that it be dropped. The second is that the criminal case and the protective order case are separate proceedings, in different courts, with different rules and different burdens of proof, and they often move on very different timelines.
Protective Orders and How They Work
Maryland's protective order process is governed by Family Law § 4-501 and the sections that follow. It runs in three stages, and each stage has a different decision maker and a different standard.
An interim protective order can be issued by a District Court commissioner, often at night or on a weekend when the courthouse is closed, based only on the petitioner's sworn statement. The person it is filed against is not present and does not get to respond. A temporary protective order follows within roughly two days, decided by a judge, again typically without the respondent present. A final protective order requires a full hearing where both sides may appear, present evidence, and cross examine witnesses. A final order can last up to one year, and in some circumstances may be extended.
The final hearing is where the outcome is genuinely contested, and it is the stage where representation matters most. The burden of proof is a preponderance of the evidence, meaning more likely than not. That is a materially lower bar than the beyond a reasonable doubt standard that governs the criminal case, which is why it is possible for a protective order to be granted while the related criminal charge is resolved differently. These are two separate questions decided under two different standards, and the answer to one does not determine the answer to the other.
A final protective order can order you to stay away from a residence, including one you pay for, award temporary custody, order emergency family maintenance, and require you to surrender firearms. Violating a protective order is itself a criminal offense under Family Law § 4-509, punishable by up to 90 days and a fine of up to $1,000 for a first offense, with a higher maximum for subsequent violations.
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David is a great lawyer to work with. He's very attentive and on top of things. He cares about his clients and is very knowledgeable. Thank you, David
I recommend David's criminal defense and DWI defense services.
Baltimore criminal defense lawyer David Walsh-Little first came to my attention over 25 years ago, when I learned about his legal assistance to Plowshares activists. Since that time, I have occasionally communicated with him and then talked with David in depth on my podcast.
I can confidently recommend criminal defendants to David for Maryland matters for which I do not offer assistance.
What a Protective Order Can Cost You Beyond the Criminal Case
Clients should not focus entirely on the criminal charge and treat the protective order as secondary.
A final protective order can remove you from your home, restrict contact with your children, and require you to surrender firearms. Federal law adds consequences that Maryland courts do not impose directly. Under 18 U.S.C. § 922(g)(8), a person subject to a qualifying protective order is prohibited from possessing firearms for as long as the order is in effect. Under § 922(g)(9), a conviction for a misdemeanor crime of domestic violence carries a firearms prohibition that can be permanent. For anyone whose employment depends on carrying a firearm, including law enforcement officers and members of the military, this consequence can be more serious than the sentence itself.
There are collateral effects as well. Protective order records are accessible in ways that affect housing applications, professional licensing, and security clearances. Immigration consequences can be severe for non citizens. These are reasons to take the final protective order hearing seriously rather than treating it as a formality on the way to the criminal case.
Defense Strategies in Domestic Violence Cases
Every case turns on its own facts, and the approach that fits one case may be wrong for another. That said, several lines of defense come up repeatedly in Maryland domestic violence matters.
- Self defense and defense of others. Maryland recognizes the right to use reasonable force to protect yourself. In mutual altercations, the question of who was the aggressor is frequently contested, and the person who called the police first is not automatically the person who was assaulted.
- Challenging the physical evidence. Photographs, medical records, and the timing and location of injuries can be examined against the account given. Injuries consistent with an entirely different sequence of events are common in these cases.
- Inconsistencies across statements. The 911 call, the responding officer's report, the charging document, the protective order petition, and later testimony are separate records created at different moments. Where they diverge, that matters.
- Context and motive. Allegations that surface during a custody dispute, a divorce, or a fight over a residence carry a context the fact finder is entitled to hear.
- Constitutional challenges. How officers entered the home, whether statements were taken in compliance with Miranda, and whether a search was lawful can all affect what evidence the State is permitted to use.
Which of these apply, and how much weight any of them carries, depends entirely on the facts and the evidence in the particular case. The sooner the file is reviewed, the more options tend to remain open, particularly where the final protective order hearing is only days away.
Why Choose David Walsh-Little as Your Baltimore Domestic Violence Attorney
David Walsh-Little's background spans both state and federal criminal defense. He graduated from Fordham University and Columbia University School of Law. During law school he interned for civil rights lawyer William M. Kunstler. His first position as an attorney was with the Legal Aid Society in the Bronx, representing indigent criminal defendants.
After moving to Maryland he founded the Sowebo Center for Justice, a grass roots inner city law office. He spent over a decade with the Maryland Office of the Public Defender, including three years as chief of the felony trial division in the Baltimore City office, and more than four years representing defendants in federal court as an assistant federal public defender.
That history means he has handled assault and protective order matters in Maryland courts from the inside of the system that prosecutes them. He uses that knowledge to examine how the State built its case, identify weaknesses, and construct the strongest available defense for each client.
Serving Baltimore & Surrounding Counties
Walsh-Little Law represents clients throughout the Baltimore metropolitan area in both state and federal courts.
Frequently Asked Questions: Domestic Violence Charges in Maryland
Can the charges be dropped if the alleged victim does not want to proceed?
Not automatically. In Maryland the decision to prosecute belongs to the State’s Attorney’s Office, not to the complaining witness. Prosecutors can and often do proceed without that person’s cooperation, using the 911 recording, body worn camera footage, photographs, and the responding officer’s testimony. A stated wish to drop the case is one factor a prosecutor may weigh, but it is not binding on them.
What is the difference between a protective order and a peace order?
Do I need a lawyer for the final protective order hearing if I already have one for the criminal case?
What happens to my firearms?
Can a domestic violence charge be expunged in Maryland?
Contact a Baltimore Domestic Violence Attorney Today, Free Consultation
A domestic violence allegation does not have to define your future. Depending on the facts of your case, various defense strategies and legal options may be available, from the question of who was the aggressor to the consistency of the accounts given. A final protective order hearing is often only days away, so early action matters.
Call Walsh-Little Law today at 410-205-9337 for a free, confidential consultation. David will review your case, explain your options, and start building a defense from day one.
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Disclaimer: The Law Office of David Walsh-Little is a Maryland Limited Liability Company established for the practice of law. The information on this website is for general information only. The content on this site is not legal advice and should not be construed as such. Visitors to this site should not rely on its content when making legal decisions. Access to the information on this website is not intended to, and does not create, an attorney-client relationship between the Law Office of David Walsh-Little, LLC and any other person or entity.
