What are the legal definitions of domestic abuse, sexual assault, abuse of a child, and abuse of a vulnerable adult in Maryland?
This section defines domestic abuse for the purposes of getting a domestic violence protective order (“DVPO”).
- Domestic abuse – This happens when someone you have a specific relationship with does any of the following to you:
- assaults you (1st degree or 2nd degree);
- causes you serious physical harm or makes you fear immediate serious physical harm;
- rapes or attempts to rape you (1st degree or 2nd degree);
- commits a sexual offense (3rd degree or 4th degree);
- attempts any sexual offense;
- stalks you, which includes the use of a tracking device or electronic communication as defined by law;
- falsely imprisons you; or
- shares intimate images of you without your consent, known as revenge porn.1
- Rape or sexual assault – This is when anyone, whether related to you or not, commits or attempts to commit rape in the 1st degree or 2nd degree or a sexual offense in the 3rd degree or 4th degree. The rape or sexual assault must have happened within the past six months before filing for a DVPO.2
- Abuse of a child – If the victim is a child, s/he can also get a DVPO based on abuse of a child, which is defined as:
- sexual abuse of the child by anyone;
- labor trafficking of the child by anyone; or
- physical or mental harm to the child when it appears that the child’s health or welfare is harmed or at substantial risk of being harmed by:
- a parent;
- a household or family member;
- someone who has permanent or temporary care or custody of the child;
- someone responsible for the supervision of the child; or
- someone who has authority over the child because of the person’s job or role.3
- Abuse of a vulnerable adult – A vulnerable adult is someone who can’t meet his/her daily needs due to physical or mental limitations. S/he can get an order if anyone, related or not, physically injures him/her through cruel or inhumane treatment or a malicious act.4
1 MD Code, Fam. Law § 4-501(b)(1)
2 MD Code, Fam. Law § 4-501(m)(8)
3 MD Code, Fam. Law §§ 4-501(b)(2); 5-701(b)
4 MD Code, Fam. Law §§ 4-501(b)(3); 14-101(b), (q)