SAID Web Page - Sexual Allegations In Divorce
Ex Parte’
- The Sheriff's Domestic Abuse Squad just knocked on your door and they tell you that you are being Ex Parted'. You are given a copy of the court order but not allowed to read it, you are given 10 minutes to gather up your possessions (if they are feeling nice), you are asked and will be required to give up any firearms you have. If you have any sense whatsoever, you will not give them an excuse to say you are physically violent by resisting leaving the house. They are not interested in your pleas of innocence, it's not their job to decide, they only put you out. If you have kids in the house another officer will take the kids out of the house while you are being served the order.
- So you find yourself out on the street, no place to stay, completely bewildered, disbelief,
emotionally destroyed, lost, fearful and angry.
You are under severe emotional crisis, handle it with care, seek out your friends to stay with, don't be afraid or embarrassed to express your grief.
Do Not Contact your partner, say nothing, and do nothing that in any way may be used against you in court because it will be used against you no matter how harmless or justified you may think your statements or actions may be.
Get yourself a lawyer, especially one with experience in this area and has a winning track record, you need the protection of someone who knows the legal process and what the judge is looking for.
Carefully read the allegations in the Ex Parte' request and talk to your lawyer about your version of the events.
You are not under criminal rules of evidence, you are under civil rules and therefore you do not have 5th Amendment protections of the Constitution. You must answer every question put to you.
Your accuser's accusations will be considered true unless your lawyer can ask the right questions to show the judge that deceit is involved. You are not innocent until proven guilty in this process, you are guilty unless you can show that your accuser is lying. Your hearing will not be unlike the 1692 Salem Witch Trials.
End of the relationship. Despite your feelings that the relationship can be saved and you want to get back to what you had, this will not be possible. Any person who knowingly causes another human being to suffer in such a violently emotional act of making you homeless to satisfy their needs no matter how they justify it can not be trusted. Trust is the basis of love and relationships.
List all physical striking or unwanted contact by your partner against you, approx. time and dates; this constitutes abuse, i.e. assault and battery.
If past physical abuse by your partner has occurred within one year, immediately go to District Court building, 2nd floor to the Domestic Abuse Window and file an Ex Parte' motion. You will be directed to go to the court room nearby where a judge will merely look at the paper you just signed and have the person removed. Once your partner has also been removed by the Sheriffs, during the hearing the judge will be forced consider any testimony by you as also truthful unless deceit is clearly shown.
Note, a person can be picked up for mental health observation through the same process.
An Ex Parte' hearing normally occurs 7 days after the order has been made by the judge and the person evicted by the Sheriff's Domestic Abuse Squad and must appear otherwise a default judgement will be ordered and you are at the mercy of whatever was said by your accuser.
If there are children at the house, and if you are continued to be forced out of the house, you will have to pay child maintenance until the situation changes.
If both you and the accuser's name is on the lease or title of the house and you lose, you will be forced out and the accuser will have use and possession of the residence.
If the accuser's name is not on the lease or title and you loose then the accuser must move out.
If you have an order against you not to threaten or harm the accuser, then any action by you that causes the accuser to fear will constitute a violation of the order. It does not matter if the accuser is afraid or just saying it, you are guilty, so stay away, as a result have a witness present whenever you have any contact with the accuser.
See signs of a sleazy lawyer on typical (il) legal maneuvers used to remove men from their homes and limit child visitation during these hearings. Judges are supposed to be gatekeepers of the legal system to prevent this type of legal abuse, however, many judges have personal and political agendas. In seeking to promote their agenda, judges may turn a blind eye to "due process" violations if they are not "reminded" by objections from your lawyer as to the relevant points of the law. The likelihood that 94% of Exparte' Orders which result in a finding of Domestic Abuse in Baltimore County are indeed truly guilty are highly dubious.
Procedures and summary of Maryland Law on Domestic Abuse
Domestic Violence Procedure
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