Domestic Violence and the Protective Order

Domestic violence is a very serious matter. Victims of domestic violence can seek relief through the courts. Protective Orders order the party committing the abuse (the Respondent) to stop the abuse against the victim (the Petitioner). Additionally, a Protective Order can order the Respondent to stay away from the Petitioner’s home or place of work, it can establish visitation with minor children, and it can order that the Respondent continue to support the Petitioner financially.

Q: Who can seek a Protective Order?

A: Protective Orders can be sought by:

• A current or former spouse of the respondent
• A cohabitant* of the respondent
• A person related by blood or marriage to the respondent
• A parent, stepparent, child, or stepchild of the respondent who has resided for 90 days within 1 year before filing the petition with either the respondent or the person eligible for relief
• A vulnerable adult
• An individual who has a child in common with the respondent

(Md. Ann. Code, Family Law, § 4-501(m))

[Note: If the alleged abuse is done by someone whose relation to the party seeking relief does NOT fit into any of the above categories, a Peace Order can be sought instead. Md. Ann. Code, Courts and Judicial Proceedings, § 3-1501, et seq.]

A party that seeks a Protective Order will often first be granted a Temporary Protective Order by appearing before a judge and attesting to being the victim of abuse.

Q: How is abuse defined?

A: Abuse is defined as:

• An act that causes bodily harm
• An act that causes fear of imminent bodily harm to the person requesting relief
• Assault in any degree
• Rape or sexual offense, or attempted rape or sexual offense
• False imprisonment
• Stalking

(Md. Ann. Code, Family Law, § 4-501(b)(1))

A Temporary Protective Order lasts 7 days before requiring a more thorough review at a hearing on a later date for a Final Protective Order. At the hearing for a Final Protective Order, the judge considers whether the party requesting the Protective Order (the Petitioner) deserves the type of protection he or she is seeking, whether there is evidence of abuse, and at the same time whether the opposing party (the Respondent) committed the alleged abuse and therefore should have the burdens of the Protective Order placed against him or her. Before issuing a Final Protective Order, the judge needs clear and convincing evidence that the alleged abuse took place. An attorney may be able to assist you in meeting the burden of providing clear and convincing evidence, which must be satisfactorily proven to a judge before the judge can issue a Final Protective Order. (For more information about “clear and convincing evidence” and how a lawyer can help you navigate the process, along with some examples of how an attorney can assist you with your case, please click HERE.)

Protective Orders can be both a powerful relief for the alleging party but also an onerous burden for the respondent. Since Protective Orders can include minor children, they can mandate certain custody and visitation arrangements. The Protective Order may very specifically specify the times and places that each party may have and visit the children. Protective Orders are effective for up to 1 year.

In other words, Protective Orders are serious tools that can have a meaningful impact on your life, whether you are the victim of abuse or have allegations made against you. The hearing before the judge is your opportunity to prove by clear and convincing evidence your allegations of abuse, or alternatively, to refute the allegations against you. No matter which side you are on, it is helpful to have an attorney that can help you manage the process.

Fred Antenberg is an attorney in Columbia, Maryland who handles domestic violence and family law issues in Howard County, Maryland and surrounding counties. CONTACT Fred at 410-730-4404.

* “Cohabitant” means a person who has had a sexual relationship with the respondent and resided with the respondent in the home for a period of at least 90 days within 1 year before the filing of the petition. (Md. Ann. Code, Family Law, § 4-501(d)).  

Don’t Wait: Review Your Estate and Get a Will

You’ve worked your whole life trying to built wealth, save money, and acquire a few assets and pleasures. You may have a spouse, children, and/or loved ones that depend on you. Undoubtedly, you want to protect this wealth upon your death, ensure your estate is administered in accordance with your wishes, and protect your family.

A Will is the most common way to ensure your assets are directed according to your wishes upon death. Some assets, depending on how they are titled, will pass seamlessly, such as the marital home* passing to the surviving spouse. Without a Will, however, other assets may be distributed according to statute, which means the letter of the law and a probate court will decide how your estate is disbursed. The outcomes decided in probate might not agree with your wishes, might cause undue stress on your survivors at a sensitive time, and might tie up assets that your dependents need to meet their obligations. A Will can help you and your family avoid this, dividing your estate according to your desires and your family’s needs.

There are a number of important reasons to think about your estate now. Not least among these reasons are taxes. There is a multitude of useful and legal ways to pass on wealth that reduces the tax burden on your estate. Lowering your tax bill preserves wealth, helping to ensure more of your money goes to your family instead of to the IRS or Comptroller of Maryland. A number of financial and insurance products, such as life insurance, offer certain tax benefits. A lawyer can help you fully review your assets, explain estate planning options to you, help you create a legal Will, and ensure your loved ones receive your assets.

For more information on the importance of Estate Planning, please CLICK HERE.  For more on Wills, and the importance of making one to protect your loved ones, CLICK HERE.

Fred Antenberg is an attorney in Columbia, Maryland who handles estate planning, wills and estate issues in Howard County, Maryland and surrounding counties. CONTACT Fred at 410-730-4404.

*When titled Tenants by the Entirety or Joint Tenants, the dead spouse’s half transfers to the surviving spouse. If titled as Tenants in Common, half goes to the dead spouse’s estate instead of to the surviving spouse.

Dividing Property in Divorce: The 9-207 & The Marital Award

One of the most common and most important issues in divorce is the division of property. Upon marrying, parties acquire property throughout the marriage. This is called marital property. Marital property is defined as all property acquired in marriage regardless of how it is titled, except for gifts and inheritances. Often, parties also have existing property that they acquired before marriage. This could include real property (such as a condo, where the party was the landlord) or personal property (family heirlooms, for example). This is referred to as non-marital property. Parties may agree or disagree how the property is classified – marital or non-marital. They may also agree or disagree as to the value of property.

In a final divorce decree, the court will spell out how property is divided. To accomplish this, it must first assess all the property at issue. To help streamline this process, the law requires the parties to submit what is commonly called a 9-207. (It is called this in reference to Maryland Rules, Rule 9-207, Joint Statement of Marital and Non-Marital Property.) Both parties submit to the court, jointly, their assertions of property, including whether it is marital or non-marital property, how it is titled, its fair market value, and any “liens or encumbrances” (such as, the amount owed on the mortgage on a home). The following is a hypothetical scenario to demonstrate how this process may work:

Husband and Wife are seeking a divorce after 4 years of marriage. Husband and Wife live in a home they purchased after getting married. The house is valued at $500-600,000, but has $400,000 remaining on the mortgage. Before marriage, the Husband had a real estate investment in a condo with a value of $65,000. The condo was fully paid for before the marriage, and he received rental income before and during the marriage. Wife, before being married, was bequeathed stocks worth approximately $40,000 from her father. She also received jewelry from her grandmother valued at approximately $10,000. During marriage, the couple purchased a timeshare on the beach for $15,000, for which they paid in cash. On the market, the timeshare might currently fetch $12-14,000. Husband started an individual retirement account (IRA) at his Wife’s encouragement after marriage, which is currently valued at $15,000. Wife has a 401(k) with her new job and has since saved $20,000. Sometime during the marriage, Wife received a painting from her long-lost uncle who left it to her in his will. The painting has value approximated at $2,000. Husband never really cared for the painting, so Wife hung it in her office at work. Finally, Husband and Wife have a joint savings account at the local bank with savings of $18,000.

Here’s what their 9-207 might look like applying the above facts:

1. The parties agree that the following property is “martial property” as defined by Maryland Annotated Code, Family Law Article 8-201:

2. The parties agree the following property is not marital property because the property (a) was acquired by one party before the marriage, (b) was acquired by one party by inheritance or gift from a third person, (c) has been excluded by valid agreement, or (d) is directly traceable to any of those sources:

3. The parties are not in agreement as to whether the following property is marital or nonmarital:

As you can see above, the respective parties both assert what they agree is marital property, what is not marital property, and on what property they are not in agreement as to whether it is marital or non-marital. Some of the asserted property values can be more easily obtained than others. For example, a bank statement can provide the value of a savings account whereas the value of a vacation timeshare on the beach is based on market conditions and appraisal, subject to variation in value. In accordance with the Rule, the two parties are required to share their assertions with one another before ever filing the joint statement with the court. (This does NOT mean the parties will necessarily agree on everything – as also shown above.) Attorneys will acquire financial statements and records through a process called Discovery to support their position on what is and what is not marital property. The attorneys will then compile the information, manage requests for more information, and seek to ensure that all proper financial information has been disclosed as required under the Rules.

Based on the information provided and the facts presented before them, the judge will have the final say on a marital award which is awarded to one party and meant to balance the equities between the two parties.

Fred Antenberg is an attorney in Columbia, Maryland who handles divorce and family law issues in Howard County, Maryland and surrounding counties. Call Fred at 410-730-4404.

Social Media and Attorney-Client Privilege: Be Mindful What You Tweet

Attorneys have a professional responsibility to their clients in regards to the confidentiality of communications. The attorney-client privilege is meant to allow a client to speak with candor to his/her counsel and allow the attorney to explore all avenues of a case.

As robust and time-honored as the attorney-client privilege is, it is not immune to being waived. If information is discussed with third-party individuals or disclosed publicly, the attorney-client privilege is waived. Breaking the privilege can be as simple as telling a friend in person about your consultation with your attorney. But it also can mean discussing the case with a friend via text message and, likewise, by posting information to Facebook or Twitter about your legal issues. Providing third parties with information about your case waives the attorney-client privilege and can be detrimental to your case. Publicly disclosed information becomes fair game for the opposition.

With so much information available by only a simple web search, you should also be mindful of the type of information you distribute publicly. Not only can public disclosure waive attorney-client privilege, but public information is free information – for the other side. If you are tweeting the circumstances and details of your case, the opposing side will likely find it and investigate it. Depending on what you disclose, that information could be damaging to your case. E-mails and other electronic communications with parties other than your attorney can also be discoverable by the opposing side. What this means is that opposing counsel can not only request these communications, but might even have a right to review them if they directly relate to the circumstances of your case. There are plenty of good reasons you don’t want your private correspondence made available publicly but if you are facing a serious legal matter, the stakes are all the higher. It is important that both you and your attorney are able to work in confidence to try to achieve the best outcome.

Another issue of which you should be mindful is the attorney-client privilege and your work e-mail account. You are not in private possession of your work e-mail. Ultimately, it belongs to your employer. A number of courts in various jurisdictions have ruled that there is no attorney-client privilege where the client was sending and receiving e-mail via a work e-mail address. Especially if you are involved in a legal matter involving your employer, you can expect your employer to examine your work e-mail for anything that could be helpful to their case. Exchanging e-mails with your attorney on your work e-mail account is the equivalent of sharing that information with a third party.

Fred Antenberg is an attorney in Columbia, Maryland who handles Family Law issues in Howard County, Maryland and surrounding counties. Call Fred at 410-730-4404.

A former star of the television show “Storage Wars” has filed a lawsuit against the show, alleging it to be “rigged” by producers. In the suit, former show regular David Hester claims that “A&E regularly plants valuable items or memorabilia” in storage lockers. When Hester complained about this practice, the suit says, he was fired from the show. He is seeking at least $750,000 in damages.
Staff Report, Reuters 12/11/2012

Read Article: Reuters

The information within is from the Maryland Association for Justice; the information may be from other jurisdictions and may very likely not apply to Maryland cases.