Battered: What Can I Do? A Survival Manual, Fifth Edition

• NCJ Number: 195275
• Author(s): Kathleen O'Ferrall Friedman; Rachael Neill; Catherine M. Brennan
• Date Published: 2000
• Length: 24 pages
• Sale Source: Maryland Cmssn for Women; NCJRS Photocopy Services
• Publication Format: Document
• Publication Type: Instructional Material
• Language: English
• Country: United States of America
• Note: Four other copies, in Spanish, Korean, Russian, and Chinese

Annotation

Intended primarily for residents of Maryland, this booklet provides an overview of domestic violence and outlines legal remedies for countering it under Maryland law.

Abstract

The booklet advises that the first step in confronting an abusive relationship is to recognize that such violence is unacceptable under any conditions, and Maryland law provides both criminal and civil means for victims of abuse to receive protection. The booklet first defines abuse in detail and then lists the kinds of relationships that are covered by Maryland law. It then advises that immediately after an incident of abuse, the victim should call the police, seek medical care, and leave the home. The victim may file criminal charges against the abuser if she/he has been physically abused or threatened. Charges for assault, telephone misuse, destruction of property, trespass, and harassment are typical misdemeanor charges. If a weapon is used, an abuser may be charged with a felony. If a husband rapes his spouse, he may only be prosecuted under certain circumstances, i.e., if they have lived separate and apart without having sexual relations and there is a written separation agreement, or if he and his spouse have lived separate and apart without sexual relations without a separation agreement for at least 3 months immediately before the sexual offense. If the parties are living together, a husband may be prosecuted for rape of the spouse only if he uses force against her will and without her consent. Steps are outlined for filing criminal charges. Steps for filing civil actions are also described. Attention is given to the obtaining of an order for protection against domestic violence, ex parte hearing and order, ex parte petition, ex parte hearing, protective order hearing, and peace order proceeding. Related legal issues and remedies discussed pertain to a petition for forcible entry and detainer, custody, and divorce. Appended list of domestic violence programs in Maryland, additional resources on domestic violence, and relevant Maryland statutes