Could Seeking a Maryland Domestic Violence Protective Order Be Seen as “Defamation”?
Domestic violence is a serious problem that affects many married individuals in Maryland. Victims of such abuse have a right under state law to seek a domestic violence protective order, which is a type of civil injunction issued against the abuser. Such protective orders can include a requirement for the spouse accused of abuse to move out of the marital home or grant temporary custody of any minor children to the other spouse.
Wife: Husband’s “Attempt at Reconciliation” Was Really Sexual Abuse
Earlier this year, the Appellate Court of Maryland dealt with a case where a husband under a domestic violence protective order sued his wife for defamation, accusing her of filing false charges of sexual abuse in order to gain leverage in their pending divorce. The Maryland courts not only dismissed the husband’s defamation complaint but ordered him to pay the wife’s legal fees incurred in defending against his allegations.
This case, Charles v. Charles, involved what the Appellate Court described as “years of strain” in the 15-year relationship of the husband and wife. The wife actually asked for a divorce three separate times over the past five years. It was that third request that prompted the case that ended up before the Appellate Court.
The husband initially rebuffed the wife’s third divorce request. Over the next three weeks he “attempted to maintain a physical relationship with” the wife, according to court records. One morning, the husband attempted to engage in sex with the wife despite her repeatedly rejecting him. The husband then walked out frustrated. That afternoon, the wife reiterated her desire for a divorce in an email to the husband. He filed for divorce that day.
In response, the wife filed for a domestic violence protective order. She alleged that her husband’s earlier that day were an attempt to commit sexual assault. The court issued an interim protective order, which was followed the next day by an ex parte temporary protective order. In short, these orders granted the wife temporary sole possession of the marital home and custody of the couple’s minor children.
The husband and wife later agreed to a temporary agreement regarding their home and child custody while their divorce action remained pending. The wife then moved to dismiss the protective order. At that point, however, the husband also filed his defamation lawsuit. He maintained that the wife’s allegations of sexual abuse, over acts that he characterized as an “attempt at reconciliation”, were an “abuse of process” and “malicious use of process” intended to gain an unfair advantage in divorce proceedings.
As previously noted, the courts dismissed this complaint. Indeed, the Appellate Court noted the wife used the process as designed. She “sought and obtained relief from an abusive position” and then dismissed her complaint once she reached an agreement with the husband that resolved their underlying issues.
Contact a La Plata Domestic Violence Lawyer Today
Domestic violence allegations often play a critical role in Maryland family law disputes. Our La Plata domestic violence lawyer can provide you with professional, sensitive representation when dealing with such cases. Contact Fanning Law today at 301-934-3620 to schedule a consultation. We serve clients in LaPlata, Waldorf, and Lexington Park.
Source:
scholar.google.com/scholar_case?case=15909672541844382408
