Category: Domestic Violence

A new law addressing gun safety went into effect on October 1, 2018 in Maryland. This law, which allows concerned parties to file for extreme risk protective orders (ERPOs), is also known as a “red flag” gun law. The law will temporarily prohibit a person’s access to guns when a judge determines he or she is a danger to him or herself, or others. The surrender of all guns and ammunition must be immediate if law enforcement serves the order. If the order is received by mail, the respondent must make immediate arrangements to have the firearms and ammunition surrendered. The respondent cannot access any guns or firearms between the surrender and the hearings, or for the time that the ERPO is in effect.

Eleven other states have enacted similar laws, especially in the wake of recent mass shootings. As a piece in the paper explains, “Red flag laws are designed to fill gaps in current laws that may allow some suicidal or dangerous people — for instance, those who haven’t been committed or convicted of a serious crime — to have guns, despite showing warning signs of violence.”

District judges can issue temporary ERPOs that prohibit people from buying or possessing guns or ammunition if they are determined to be an immediate danger to themselves or others. If the respondent fails to surrender the weapons, the guns are seized, and the respondent is charged with a misdemeanor. The respondent has a legal right to attend a hearing, where it will be determined whether or not he or she remains a danger, and if the ERPO should be extended.

Critics of red flag laws, like the lobbying group, Gun Owners of America, told CNN in a statement, “No one should lose any of their rights without due process. Otherwise, people can make a false claim to get revenge or to disarm the person they’re stalking.”

Most states with ERPO and red flag laws have enacted related legislation making it a crime to file a harassing or knowingly false petition.

Protective orders in Maryland

Maryland law does allow for people who fear they are in danger, or who are victims of domestic violence, to request protective orders or peace orders, depending on the relationship the two people have. These are temporary orders, but can be extended: a final protective order lasts 12 months, with the potential for an additional 6-month extension, and a final peace order lasts 6 months, with the potential for an additional 6-month extension.

Per the District Court of Maryland:

• An Interim ERPO usually lasts until the Temporary ERPO hearing, but not beyond the second business day after issued unless the court is unexpectedly closed.
• A Temporary ERPO lasts until the Final ERPO hearing, but not beyond six (6) months.
• A Final ERPO may remain in effect for as long as one (1) year.  The court for good cause may extend the term of the order for an additional six (6) months after a subsequent hearing.

Once the ERPO expires, the firearms and ammunition will be returned:

• 14 days after the expiration of an Interim or Temporary ERPO;
• 14 days after a court terminates a Final ERPO; or
• 48 hours after the expiration of a Final ERPO.

Maryland’s red flag laws go further to close the gaps, and as such, are among the broadest in the nation. We are one of only six states whose ERPO laws allow both family members and household members (for example, roommates) to seek protective orders, according to the Gifford Law Center. Also, as of September 2018, Maryland is the only state to allow certain mental health and other health workers to seek such orders.

If you are a victim of domestic violence, there is help available to you. Please do not wait to get the help you need. The National Domestic Violence Hotline is 1-800-799-SAFE. The Anne Arundel County Hotline is 1-410-222-6800.

The attorneys at Cynthia H. Clark & Associates, LLC are dedicated to advocating for the safety of you and your family. If you are in immediate danger, please call the authorities immediately. To reserve a consultation at our office in Annapolis, please call 410.921.2422 or fill out our contact form.

Domestic violence is an issue that we, as family lawyers in Annapolis, Maryland, see all too frequently.    It is all too upsetting and disappointing that Ray Rice, a star of our Baltimore Ravens,  was charged criminally for hitting his girlfriend and knocking her unconscious.  Strong, professional athletes can inflict serious damage on their “loved ones” just by virtue of their brute strength.

Over the years, we have, unfortunately, dealt with violence and had clients who were killed or seriously injured by their spouses or mates.  On occasion, children have been the victims of violence.  We sadly had one client who was in a coma for a week from her injuries.

Before Sharon Grosfeld started working for this law firm, she was an advocate at the house of Ruth.  As a member of the House of Delegates and Maryland Senate, she advanced protection from domestic violence and was seen as a leader in this field by the other members of the Legislature.

The Maryland law that provides for protection gives the victim the opportunity to have the abuser removed from the house.  The victim can obtain relief at either the Circuit Court or the District Court.  Once a petition is filed, the petitioner is taken to a judge for the judge to determine whether a temporary order should be granted.  If the order is granted, the parties are required to come back to court to see if the order should be extended.  The court also has the discretion to order anger management and other remedies in an attempt to protect the victims and preserve the family.  Commissioners are available after hours and the issues do not have to wait for court…In addition to granting the initial orders, the court has serious penalties for the violation of a protective order.

There are also occasions when people are wrongfully charged with domestic violence, sometimes in an attempt to gain some leverage in upcoming litigation.  The remedy of a protective order is a serious event.  Both sides to the conflict have an opportunity to be heard in court and tell or their part of the story.  The outcome of a protective order hearing could have an impact on some of the issues in a final divorce so this should be treated very seriously by both parties.