Legal Question in Criminal Law in Maryland

an ex parte order was agreed to in wicomico county maryland where wife is a resident. wife filed against husband after argument in neighboring county of somerset at the home of husbands parents. since then the order wife has called and spoken to husband. husband responded and wife did not like what she heard and had him arrested. presentlly incarcerated in wicomico county jail. the original charge is in somerset county with both parties filing assault charges against each other.. the wife filed the first . husband was arrested. upon release, husband filed DOES THIS KIND OF ORDER PREVENT HER FROM CONTACT AS WELL. SINCE SHE MADE THE CONTACT DOES THE LAW HOLD HER RESPONSIBLE FOR ANY INSTIGATING ACTS ON HER PART.?

Asked on 9/14/09, 7:19 am

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

Typically, the order regulates the defendant's conduct, but I have seen specific ones that regulate both parties. Even if the order only regulates the defendant's conduct, a court may not be persuaded that the defendant violated it if the allegation is that the defendant abused the protected party, when the protected party went to the defendant's house or his parents' house.

The legislature intended to protect people who are being abused, and it did not intend to create a cat and mouse game or reverse the parties' roles in one.

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Answered on 9/19/09, 10:11 am

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