Family & Juvenile
Law Section “Top 10’s”
Top 10 Facts About the Domestically Related Crimes Law
Deena Hausner, Esquire
The Marjorie Cook Foundation Domestic Violence Legal Clinic
House of Ruth
- Law is found in Criminal Procedure Article, Sec. 6-233 and took effect on October 1, 2012.
- “Domestically related crime” is defined as a crime committed by a defendant against a victim who is a person eligible for relief under the protective order statute (FL 4-501).
- In addition, the label applies when the victim and defendant had a sexual relationship within 12 months before commission of the crime. This captures people who were in a dating, sexual relationship, but never lived together, never were married, and do not have children in common.
- In order to be labeled a “domestically related crime,” the court must make a finding, based on the evidence produced at trial, as to whether the crime fits the definition.
- The State’s Attorney must request that the court make a finding as to whether the crime is domestically related.
- The State must prove by a preponderance of the evidence that the crime is domestically related.
- The “domestically related crime” label can be applied to a case that results in a conviction or probation before judgment.
- Any crime can be labeled “domestically related,” not just assault crimes. Whether a crime is “domestically related” is determined by the relationship between the defendant and the victim, not by the type of crime committed.
- Once the court finds that the crime is “domestically related,” that finding will become part of the court record and will be reported to the Criminal Justice Information System Central Repository.
- This law will help the courts and law enforcement officials to quickly distinguish between crimes that occur between intimate partners and crimes that occur between strangers.