Experienced And Compassionate Help For Victims Of Abuse

Domestic abuse in families can cause immeasurable physical and emotional pain. At the Law Offices of Michael Gast, we help families stay safe, protect their rights and ensure they are aware of their legal options, including the option of filing a restraining order.

Michael Gast is an experienced family law attorney and criminal defense lawyer. He is a former prosecutor who has handled high-profile criminal defense matters. When you work with our law firm, you are receiving the benefit of years of experience navigating both family courts and the criminal justice system. He can clearly explain the potential consequences of the various choices before you.

He regularly seeks restraining orders against abusers. He helps victims with custody matters ensure children stay safe. And he can help families resolve the financial and emotional aspects of both a contested and uncontested divorce.

How Does Domestic Violence Affect Divorce Proceedings In Maryland?

Domestic violence can influence how a divorce unfolds, especially on critical decisions like property division, custody and spousal support. Courts in Maryland treat abuse seriously and often fast-track protection orders that can shape the direction of the divorce.

In addition, judges may consider violent behavior as evidence of misconduct, which could influence outcomes in both contested and uncontested divorces. Our Maryland divorce attorney can help ensure that evidence of abuse is brought forward in a way the court will consider.

What Is The Best Way To Document Domestic Abuse For A Divorce?

When preparing for divorce, solid documentation can be vital in domestic violence cases. Courts rely on proof, as emotional claims without evidence may not be enough. Some of the ways to document domestic abuse include:

• Medical records: These can show physical injuries tied to violent incidents.
• Police reports: Official reports are strong proof of domestic disturbances or assault.
• Photos and videos: Visual evidence of injuries or damage to property helps show patterns of abuse.
• Texts, emails and voicemails: These can support claims of threats or emotional abuse.
• Witness statements: Testimony from friends, neighbors or co-workers can be helpful.

Gathering these materials takes planning, and working with a Maryland divorce lawyer helps ensure the information is used strategically and safely in court.

What Are The Child Custody Concerns In Domestic Violence Divorces?

Maryland courts prioritize the child’s best interests and may limit or supervise visitation when abuse is present.

When child custody and domestic violence are part of a case, courts may:

• Grant sole custody to the nonabusive parent.
• Order supervised visits for the abusive parent.
• Require parenting classes or counseling.
• Consider past abuse even if the child wasn’t directly harmed.

If you are concerned about your child’s safety, we can help present your case clearly and push for custody terms that protect your child.

How Can Domestic Violence Impact Alimony In Maryland?

Abuse can affect whether a spouse is awarded alimony or required to pay it. In cases involving spousal support in Maryland, domestic violence may:

• Increase the likelihood that the survivor receives long-term support.
• Reduce or deny support to the abusive spouse.
• Affect the amount and duration of payments.
• Lead to restitution or financial penalties.

Attorney Michael Gast can help ensure the court understands how abuse impacted your marriage and why fair financial support is necessary.

You Have Legal Options, Even If No Criminal Charges Are Filed

Your spouse, or soon-to-be ex-spouse, may not be facing any criminal charges. Regardless, you have the right to get a protective order or peace order if there is a likelihood you or your children are in danger of physical violence.

A judge can issue a temporary domestic violence protective order, more commonly known as a restraining order, upon finding that it is likely that there is a risk of domestic abuse. The abuser does not have to be present at the hearing for a judge to issue such an order. This order can prevent your abuser from contacting you or being within a certain distance of your residence for up to 30 days. At a later date, you can petition the court for a final protective order, which can last up to 2 years under certain conditions.

If you do not qualify for a domestic violence protective order due to your relationship with the abuser, you may still be able to obtain a peace order, which can accomplish the same thing as a protective order.

Need Help With A Protective Order? Call Us For A Free Initial Consultation.

If you have questions regarding filing a protective order or have experienced domestic abuse and are considering filing for divorce, contact the Law Offices of Michael Gast. We represent clients throughout Frederick County and Washington County. We have offices in Frederick and Hagerstown, Maryland. Call us at 301-732-6410 or schedule your consultation with a domestic violence lawyer confidentially online.