Drastic Changes to Maryland Domestic Violence Laws

Prior to October 1, to obtain a Protective Order resulting from Domestic Violence, the Petitioner had to establish a case by “Clear and Convincing Evidence”. This burden of proof, while substantially less than “Proof Beyond a Reasonable Doubt” was, nevertheless, a higher standard than any other State.
Now a Petitioner need only establish a claim by a “Preponderance of the Evidence”, the same standard as in every civil case. The same rules of evidence apply. However, the amount, or type, of evidence that will be required to determine that an act of domestic violence occurred is greatly reduced.

In addition, the legislature added the charge of Second Degree Assault (essentially assault without the use of a weapon or deadly instrument) to the list of offenses for which one can obtain a Protective Order.

~GWEBLaw

Image Credit: Hibr

By | 2016-12-13T09:13:38+00:00 October 18th, 2014|Maryland Laws|0 Comments

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