Legal Question in Family Law in Maryland

Greetings.. My mother is looking to get a divorce and is attempting to file a fault against my father for constructive desertion. He has been found five times leading secret online lives and chatting with women with fake Facebook accounts. When confronted he will get angry, us force to take the evidence from my mother and destroy it. He will threaten suicide and threaten to shoot the police if my mother tries to call and have him taken out of the house. She has tried to leave during heated moments but he will stop her with force such as barring the door or standing in front of her car to keep her from leaving the situation. She cannot pack up and leave as she has nooney and nowhere to go but it is clear my father has dangerous explosive tendencies and her life may be in danger. What can my mother do legally?


Asked on 5/14/14, 3:10 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Your mother should waste no time filing for a civil protection order on the basis that your father has acted in a way which is threatening to her. She can go to her local District Court of MD or a commissioner at a police station to complete the paperwork for this. If she presents a sufficient case, the commissioner or a judge will order the police to remove your father from the premises and to stay away from her and have no contact. There will be a court hearing a week or so later at which each of them can present evidence and the court will determine if the protection order should remain in effect for a longer period. Your father could also be ordered to continue to provide financial support such as paying a mortgage or rent. As for a divorce, it doesn't sound like she has the grounds for one based upon constructive desertion, but if they remain apart for a year under the court order she could file based upon a separation.

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Answered on 5/19/14, 7:23 am


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