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  1. #1
    Join Date
    Jul 2013
    Posts
    1

    Default Can Second-Degree Assault Charges be Dropped if a Restraining Order is Denied

    My question involves criminal law for the state of: Maryland

    I have been charged with 2nd degree assult in MD. A judge has vacated the child proitective order that my wifes ex husband had placed on me after he filed with the court for the emergency order stating that I punched and choked his 17 year old son.

    This entire mess started when I told my 12 year old step son not to get the chicken out of the bag and that his mother and I would be making everyones plates. the 12 y/o threw a melt down fit and was crying histarically. his mother came into the room and thought I had done something to him and she came at me with punches flying at my head, I grabbed her by the sweat shirt to protect myself and to stop her from being able to hit me. then the 17 year old came across the room approx 25 feet and took a swing at me, I ducked the punch and pushed him off while still holding his mother with my left hand. He then came at me again this time in a tackling motion( he plays varsity football) and he pushed me against the wall. I reached down and held onto him to keep him from throwing punches at me. then his mother said let him go and I did and it was all over with. About a week later his father forced him to file charges on me and he filed for emergency custody/ protective order of the 3 children.

    At the protective order hearing it was him and the 17 year old and his lawyer, I was by myself and told the judge I would represent myself without a lawyer as I was not informed that the father had a lawyer but that I was here and didnt want to waste the courts time rescheduling.

    His lawyer put him, the 17 year old and my wife on the stand. I refused to cross examin any of them. Then I was on the stand and the judge questioned me. His lawyer was then allowed to make closing arguments where they asked the judge to uphold the protective order for an entire year. I was not given the chance to make a closing statement, apparently the judge had heard enough and ordered that the protective order be vacated immediately and to them that I did nothing but defend myself and that the 17 year old got him self involved and he shouldnt have. he admonished the father and said he never would have issued it had he heard what he had heard in his courtroom from them and from me.

    My question is this, the 2nd degree assult charge case was supposed to be dropped by the father and since he didnt get his way on the protective order he is now persueing it and the case is on the 22nd of July, how do I get the judge for this case to take into concideration the findings of the judge regarding the protective order being vacated and that it should never have been issued in the first place?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    74,159

    Default Re: Can Second-Degree Assault Charges be Dropped if a Restraining Order is Denied

    If a prosecutor is choosing to proceed with charges against you, they may do so no matter what the outcome of the petition for a restraining order.

    The fact that an incident does not support the issuance of a restraining order does not, of itself, mean that the incident involved no criminal conduct.

  3. #3
    Join Date
    Sep 2010
    Posts
    9,684

    Default Re: Can Second-Degree Assault Charges be Dropped if a Restraining Order is Denied

    The standards for bringing charges is only probable cause and for conviction is guilty beyond a reasonable doubt
    The standard for a restraining order ahead of an criminal conviction is clear and present danger to the potential victim.
    They are *NOT* necessarily related.

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