Legal Question in Family Law in Maryland
My daughter is pregnant by her ex boyfriend, when she was 2 months along they were working on trying to make a relationship work for themselves and the soon to be child. My daughter ended up confronting him when she saw sexually oriented texts from him to another woman while this reconciliation was in progress, it was a verbal confrontation that he turned physical, he left many bruises all over my daughter's neck arms chest and back from him slamming her around his room, holding her by the neck with her face in the mattress and other assaults. The police were called when she tried to leave and he jumped on the hood of the car she was driving and punched the windshield causing more damage. She has received a protective order from the district court system and now she has received another letter stating that she needs to go to another hearing in the circuit court system, the court date for the assault charges are just days before this new court date and we have found that he has gotten a lawyer and is trying to get the protective order dismissed.
Would a judge dismiss a protective order? Why would it be in circuit court when the original order was in district court? His mother is paying for the lawyer as we believe he cannot afford to pay himself. My daughter now needs to get a lawyer but neither she nor I can afford to obtain one for her. Are there programs that we could actually get legal help without using a public defender?
All of this happened in Hartford County and we live in lower Anne Arundel so the expense and time off of work are also hurting us.
1 Answer from Attorneys
A protective order issued by the district court can be appealed to the circuit court, but is unlikely to be overturned in the absence of new evidence presented by your daughter's ex. If there was proof of an actual assault as you have indicated, your daughter has a very strong case. If he is convicted in the assault case, I suspect his lawyer will dismiss the appeal of the protective order, since part of his criminal sentence will in all likelihood be a "stay away". As for getting a lawyer, check with the Harford County bar association for any pro bono (free) attorney programs they may have.
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