Last Update 06/24/09

Your Rights as a Victim of Domestic Violence

When You Call the Police
If you are a victim of domestic violence, the police are required by Maryland law to:

• Inform you of your basic rights as a victim of a crime.  The police or sheriff's deputies usually notify victims of their basic rights by giving them a copy if the pamphlet, Maryland Crime Victims and Witnesses: Your Rights and Services.  Md. Crim. Pro. Code Ann. §11-914(9)(i).
• Protect you from harm when you call for help and go with you to your home so you can get personal clothing and personal effects that you need immediately, such as medicine.  Md. Fam. L. Code Ann. §4-502(a)(i-ii)   
• Give you a written notice that tells you:

1.  The telephone number of a local domestic violence program that receives funding from the Maryland Department of Human Resources.  Md. Fam L. Code Ann. §4-503(a)(1).  More information on domestic violence.

2.  You have a right to ask the District Court Commissioner to file a criminal charging document against the person you say abused you. Md. Fam. L. Code Ann. §4-503(a)(2)(i). If you go before the District Court Commissioner, if the police did not give you a copy of the pamphlet,  the Commissioner will give you a copy of the pamphlet, “Maryland Crime Victims and Witnesses: Your Rights and Services.”  Md. Crim. Pro. Code Ann. §11-914(9)(i).

3  If the Commissioner refuses to file a charging document, you have the right to ask the State’s Attorney to file a criminal charging document against the person you say abused you. Md. Fam. L. Code Ann. §4-503(a)(2)(ii).

4.  If the court offices are closed, you have the right to file a petition for an interim protective order with the on-duty or on-call Commissioner. Md. Fam. L. Code Ann. §4-503(a)(2)(iii).

• Give you a copy of the domestic violence incident report completed by the police, if you ask for a copy.  Md. Fam. L. Code Ann. §4-503.1(a)(2).

When the Police Arrive
When the police come,

• tell them all the details of your assault
• request  that they write up an incident report
• ask for a copy of the report and the report number, and
• write down the names and badge numbers of the police officers who came to the scene so you can follow up on your case later on.

Some police officers may not have received the special training on domestic violence issues.  They may tell you that your abuse is "just a domestic matter" or refuse to write up an incident report.  If this happens, write down the officers' names and badge numbers and make sure that they know that you want them to file a report.  Go to the police station and ask to file an incident report on your own.  You should note in your incident report the names and badge numbers of the police officers who failed to write an incident report for you on the scene.

Police Must Honor Your Protective Order
Regardless of which court (in any state) issued a protective order, the police must enforce the terms of the order.  This is true even if the order is different from what a Maryland judge in your county might have ordered.  18 U.S.C. §2265.

If the Abuser Violates Your Protective Order
If your abuser violates your Protective Order by coming to your home, school or work, contacting you or abusing you, you should call the police right away.

• Show them your copy of your Protective Order
• Ask the police to file an incident report
• Tell them that you want to file criminal charges

If the police officers have probable cause to believe that your abuser violated your Order, they can arrest the abuser on the spot without a warrant.

Even if they do not arrest the abuser, you can go to court for the violation of the Protective Order. 

Enforcement of Protective Order- There is new legislation that authorizes a judge to order a law enforcement officer to use all reasonable and necessary force to enforce a temporary custody provision of a final protective order.  See HB 183. (effective 10/1/08)

Permanent Protective Order After Conviction and Imprisonment - permanent order issued against an individual that was convicted and served a term of at least five years of imprisonment. See HB 182. (effective 10/1/08)

Effective 10/1/09- Lengthens the time that judges may extend a temporary protective order from 30 days to 6 months. Temporary protective orders may be extended to effectuate service of the order where necessary to provide protection or for other good cause. See HB 98 / SB 601. The General Assembly also extended the maximum length of a final protective order from one to two years when the order is issued after an act of abuse within one year of the expiration of a previous final protective order of six months or more. See HB 971 / SB 811.