Domestic violence refers to violence within the home. In these cases, the court determines if the aggressor is guilty and sentences them accordingly. A spouse who is victim of domestic violence in Maryland must go to family court to seek protection and start a divorce case. A family attorney in Frederick helps victims of domestic violence get protection and escape abuse.
Getting a Protection Order
After domestic violence occurs between spouses, it is necessary to get a protection order. The protection order explains where the aggressor is prohibited from going. Typically, they cannot return to the home where the victim is staying. Any violation of the protection order leads to further criminal charges. The criminal side of the case is managed through the criminal court. Violations of the protection order are managed through criminal court, too.
Seeking Custody to Protect a Child
If the child is the victim, then a spouse has the right to seek custody to protect their child. If they haven’t started a divorce case, then the court might grant temporary custody to the opposing parent. The assignments restrict visitation with the aggressor pending the outcome of the criminal case.
Starting a Divorce
Next, the spouse who was a victim of domestic violence starts a divorce case. The divorce agreement must follow all guidelines for a divorce in the state. All marital assets are divided equally according to the laws. Permanent child custody is assigned through the divorce case. If the couple cannot agree, then a custody hearing is scheduled.
Extending Protection for the Family
If the victim or their child is at risk, then the court extends the protection order. The same provisions apply to the court, and the victim has the right to contact law enforcement if the aggressor violates the terms. In the most severe cases, the spouse and their child could be relocated.
In Maryland, domestic violence in marriages present grounds for a divorce. In these cases, a protection order is needed to restrict access to the victim or their children. When necessary, emergency custody can be provided. Victims of domestic violence can start a divorce case by contacting a family attorney in Frederick, or they can click here for more details now.