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Last Page Edit 09/11/08
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Researching Domestic Violence Law in Maryland
Statutes
Domestic violence law is governed primarily by criminal and family law statutes. In Maryland, the official source of the state statutes is the Annotated Code of Maryland. All Maryland law libraries (list) and many Maryland public libraries (see SAILOR, Maryland's Online Public Information Network sponsored by Maryland public libraries) carry the Annotated Code of Maryland in print. For your convenience, this guide provides links to Maryland's domestic violence statutes in a free web database maintained by Lexis-Nexis. Keep in mind, however, that the print version may be more useful in your research because it provides summaries of and citations to cases that have interpreted each statute. The free web version does not give summaries of case law.
Recently passed laws that have not yet been codified can be found on the Maryland General Assembly website. An example of a recently passed legislation concerning family law signed by the Governor May 15, 2008 is the following:
SB 531 Increased from 3 days to 10 days the time period within which a person may leave an unharmed newborn with a responsible adult and be immune from civil liability or criminal prosecution for the act. (effective 10/1/08)
Citations to selected Maryland Family law statutes (available online from Michie's Legal Resources; click the folder icon to see the documents):
For more information on researching Maryland statutes, see Finding Statutes and Searching for Maryland Statutes When You Don't Have a Citation.
Court Information and Forms The Maryland Judiciary provides information about and forms for petitioning for protection from domestic violence on its home page. See Petition for Protection from Domestic Violence. The page includes a glossary of legal terms and a brochure describing the petitioning process. Petitions for protection can be filed in either Circuit or District Court. You may therefore find it helpful to review the court rules for the court you will be filing in:
(These court rules are available online from Michie's Legal Resources; Click the folder icon to see the documents click “+” next to Maryland Rules to see a list of titles). The print version of the court rules, like the print version of the statutes, has the advantage of providing summaries of cases that interpret the rules. You may therefore wish to visit a library to do your rules research in print, instead of relying on the web version.There is also a good book on handling domestic violence cases in court, written by the House of Ruth Domestic Violence Legal Clinic: Domestic Violence Cases : Handling Them Effectively in Circuit and District Court. 2001 ed. Baltimore, Md.: Maryland Institute for Continuing Professional Education of Lawyers, 2001. Check your local library for availability.
Regulations
The State of Maryland provides several assistance programs that could be helpful to victims of domestic violence. The legal rules governing the operation of these programs are called regulations. The Maryland agency that manages programs for victims of domestic violence is the Community Services Administration within the Department of Human Resources. Programs that might be helpful to victims of domestic violence include not only the Domestic Violence Program, but also the Adult Protective Services, Rape Crisis, Displaced Homemaker, and Homeless Women Crisis Shelter programs. The Community Services Administration's regulations are published officially in Title 7, Subtitle 6 of COMAR (the Code of Maryland Administrative Regulations), the print version of which is available in all Maryland law libraries (list) and many Maryland public libraries (SAILOR). The Administration's regulations are also available electronically on the Division of State Documents home page. For more information on researching Maryland administrative regulations, see Finding Maryland Regulations without a Citation. Cases
There are several ways to begin research into domestic violence case law. One way is to find the statutes that apply to your situation in the Annotated Code of Maryland, then look at the case summaries that follow them. You can find additional cases by reading books that explain Maryland family law and noting the cases they cite. Another method of finding cases is to search the Maryland Digest, which is a big subject index to Maryland case law. The Maryland Digest arranges summaries of published cases by legal issue using something called the "topic and key number" system. Once you know the topic and key number combination that represents your issue, look up that topic and key number in the Digest and you should find a list of summaries of cases that discuss your issue. Each summary includes a citation to the full text of a case. The topic and key numbers that are most likely to lead to cases about protection from domestic violence are Breach of the Peace k. 15 through 21. For more information on researching Maryland case law, see Finding Maryland Case Law and Finding Case Law by Subject. Source: This section developed by Sara Kelley, Librarian, Georgetown University Law Library, in partnership with the Maryland Legal Assistance Network. Updated by the Maryland State Law Library (MSLL). Last Review Date 9/11/08 (PLL/M.A.J.)
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