Legal Question in Criminal Law in Maryland

Stalking/Restraining order

I am dating a man who although married is legally seperated. His wife used to call and harass me over the phone (both private and work #s). I filed with my local police station. They called and warned her that she could be arrested if she contacted me by phone, in writing, via e-mail or in person. That she was not to go so far as to ask her husband to relay messages to me even. I live in VA and she in MD. Recently she was supposed to be out of town but instead showed up at a park in MD where me and my boyfriend were with their children. She told me ''I would have to deal with her sooner or later''. She then bragged to him about how scared I am. She says things to him about me like ''She has to pay the price for being with you'' ''She's going to have to face the consequences'' and other threatening statements. I tried to file in VA again but they said I'd have to file for an order in MD since that's where she confronted me. Please help me.


Asked on 4/10/02, 5:53 pm

2 Answers from Attorneys
RAYMOND CARIGNAN Raymond Carignan, Esq, LLC

Re: Stalking/Restraining order

You may apply for a peace order in Maryland which can require her to have no contact with you for 6 months.

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Answered on 4/11/02, 9:08 am
C. William Michaels Law Offices of C. William Michaels

Re: Stalking/Restraining order

OK, you sound like you have a real problem, and I have

a few suggestions and comments. First, yes, you can

get a restraining order and even if you have filed

before, file again and do it NOW. Even if you live in

Virginia, file in Maryland AND in Virginia if possible.

Let your local police know about this situation, anyway.

Second, you said your boyfriend is "legally separated."

Does that mean he has filed for a limited divorce already,

and he and his wife have a binding separation agreement covering

all issues? If not, I would not call that "legally separated."

I would call it "married." It is his right to not stay married to

this woman, but if he wants to do that, he should take action

right away. Get counsel, get a separation agreement proposed,

and the rest of it. If there are children involved, is there

any system in writing between these two about visitation or

custody? If not, that process must begin now.

Perhaps this woman does not want to face the fact that the

relationship is ending. Concrete steps by him in that direction

will make it clear. There may be more antics by her, but perhaps

in this situation it is a necessary evil. Above all, do not sink

to her level. This is serious stuff. Treat it that way.

By the way, have you considered that maybe you and he should keep

your relationship cool until formal divorce proceeedings get

underway or even until the divorce is finalized? You and your boyfriend

may be giving this woman ammunition she would try to use if there is any

battle over divorce or custody. That is not to say it would work, but

who wants that additional aggravation? The divorce and custody process

will be tough enough on all concerned. Consider that situation, and

talk it over with your boyfriend.

I am sorry that you are in this fix, but there are ways out. Your

boyfriend needs to get moving on the divorce, custody, property, and

other issues, if this has not already begun. Perhaps you should sit down

with counsel over those matters. I hope you will not let this woman

take control of your life.

Good luck.

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Answered on 4/11/02, 11:53 am


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