Maryland Domestic Violence Laws

A person who commits domestic violence in Maryland can face arrest, criminal charges, jail time, firearm restrictions, and stay-away orders. This article provides an overview for anyone who's been accused of domestic violence or is interested in understanding the law. Read on to learn how Maryland law handles domestic violence cases, what crimes are considered domestically related, and the penalties and consequences for harming a family or household member.

What Is Domestic Violence in Maryland?

Maryland defines domestic violence as any of the following abusive acts committed by or against a family or household member: physical assault, sexual assault, threatened or attempted violence, stalking, false imprisonment, and revenge porn.

Family and household members include:

• current and former spouses
• current cohabitants
• persons involved in a sexual relationship in the past year
• persons who share a child in common, and
• persons related by blood, marriage, or adoption (including stepparents and stepchildren who lived together for at least 90 days of the past year).

Protective orders. A victim of domestic violence can ask a judge for a protective order. A protective order can direct the abusing party to stop the abuse, stay away from the victim, refrain from contacting the victim, surrender any firearms, and move out of a shared residence. Violating a protective order is a crime.

(Md. Code, Fam. Law §§ 4-506, 4-509, 5-501 (2024).)

Is Domestic Violence a Crime in Maryland?

Maryland doesn't have a separate crime of domestic violence. But "domestically related crimes" are flagged in the criminal justice system so that police, prosecutors, and judges have this information when making arrests and charging, bail, and sentencing decisions.

Common examples of domestically related crimes include assault, stalking, harassment, and protective order violations. Maryland also allows enhanced penalties if a person commits a crime of violence in the presence of a child. Below are summaries of these offenses and their penalties.

(Md. Code, Crim. Proc. § 6-234 (2024).)

What Are the Penalties for Domestic Violence-Related Offenses in Maryland?

While not specific to domestic violence, the following are common domestic violence charges.

Assault in the First and Second Degrees

A person commits assault in Maryland by:

• physically harming or offensively touching another
• attempting to harm another, or
• placing another in fear of immediate physical harm.

Assault convictions carry sentences of up to 10 or 25 years in prison. The harshest penalties apply when serious physical injury results or the crime involves a firearm or strangulation.

(Md. Code, Crim. Law §§ 3-202, 3-203 (2024).)

Stalking and Harassment Crimes

Harassment offenses typically involve a defendant acting maliciously with the intent of alarming, harassing, or annoying another person. A conviction for harassment is a misdemeanor, punishable by up to 90 days of jail time for a first offense and 180 days for subsequent offenses.

A person could face stalking charges if their conduct places another in fear of bodily harm, sexual assault, false imprisonment, or death or causes another serious emotional distress. Stalking also carries misdemeanor penalties, but a conviction can mean up to five years of incarceration.

(Md. Code, Crim. Law §§ 3-802, 3-803 (2024).)

Violating a Protective Order

Maryland law makes it a misdemeanor to violate a protective order by harming, contacting, or coming near the protected person. A conviction carries up to 90 days of jail for a first offense and up to a year for repeat offenses. Other types of violations are punishable by contempt.

(Md. Code, Fam. Law §§ 4-508, 4-509 (2024).)

Crime of Violence in the Presence of a Child

Enhanced penalties apply when a person commits a crime of violence within sight or hearing of a child who's two or older. Crimes of violence include assault, rape, and sexual offenses (along with other crimes). A judge can add up to five years of imprisonment to a person's sentence. This enhancement must run consecutively to the sentence for the underlying crime of violence, which means the sentences run one after another.

(Md. Code, Crim. Law § 3-601.1 (2024).)

Arrest, Bail, and Firearm Provisions in Maryland Domestic Violence Cases

Maryland law imposes certain duties on police officers and judges in domestic violence cases. Firearm restrictions come into play upon a domestic violence-related conviction or when a protective order is in effect.

Arrests in Response to Domestic Violence Calls

Maryland law has a mandatory arrest policy in cases where police believe a suspect violated a protective order. Police may also arrest a person without a warrant in cases involving stalking or domestic violence where the victim suffered injuries.

When responding to any domestic violence call, the law allows an officer to remove any observed firearms from the scene. Law enforcement must store the firearm while criminal proceedings are pending.

(Md. Code, Crim. Proc. §§ 2-204, 2-204.1, 2-205; Fam. Law § 4-511 (2024).)

Bail for Domestic Violence Charges

A person charged with a crime of violence or a protective order violation must go before a judge for a bail hearing. The judge must consider the victim's safety in the release decision. To protect the victim, the judge can impose pretrial release conditions, such as stay-away orders and GPS monitoring. In some instances, the judge can deny bail.

(Md. Code, Crim. Proc. §§ 5-201, 5-202 (2024).)

Firearm Restrictions in Domestic Violence Cases

Maryland law prohibits firearm possession by individuals subject to protective orders or convicted of disqualifying crimes. Disqualifying crimes include crimes of violence, felonies, and any misdemeanor punishable by more than two years' imprisonment. Receiving probation before judgment for a domestically related crime also counts as a conviction of a disqualifying crime. The court must order the individual to surrender any firearms in their possession.

A violation by a prohibited person can result in misdemeanor or felony penalties under state law. Federal law contains similar restrictions and penalties.

(Md. Code, Crim. Proc. §§ 5-201, 5-202, 6-234; Fam. Law § 4-506; Pub. Safety §§ 5-133, 5-205, 5-206 (2024); 18 U.S.C. § 922 (2024).)

Talk to a Lawyer

If you face charges for a domestic violence-related offense or were served with a protective order, contact a criminal defense attorney. A lawyer can help you understand what's at stake, protect your rights, and defend your case.