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What type of divorce do I need? There are two types of divorces in Maryland. Watch a video on types of divorce. Can I get a legal separation? If you and your spouse live apart with the intention of ending your marriage, and if you do not have sexual intercourse during that time, that constitutes separation. Separation can be a legal reason or ground for divorce, depending on how long you and your spouse are separated. Do I need a lawyer?

A man "is not bound to flee and become a fugitive from his own home, for, if that were required, there would, theoretically, be no refuge for him anywhere in the world. A person does not have to be the owner of the home or the head of the household in order to be able to invoke the "Castle Doctrine.

However, even in one's own home, the degree of force used in self-defense must not be "excessive.

Quoting a treatise on criminal law, the Court of Appeals said in Crawford :. The crimes in prevention of which life may be taken are such and only such as are committed by forcible means, violence, and surprise, such as murder, robbery, burglary, rape, or arson.

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It is also essential that killing is necessary to prevent the commission of the felony in question. If other methods could prevent its commission, a homicide is not justified; all other means of preventing the crime must first be exhausted. Although self-defense is commonly called a "defense," a defendant who invokes self-defense in a criminal case in Maryland does not have the burden of proving that he or she acted in self-defense. Instead, the defendant in a criminal case only has a burden of production on the issue of self-defense.

This means that a defendant who wishes to invoke the doctrine only needs to "generate the issue" by introducing some evidence that he or she acted in self-defense. If the defendant satisfies that burden of production and thus generates the issue, then it is the prosecution that has the burden of proving that the defendant did not act in self-defense.

In other words, once the defendant satisfies his or her burden of production on the issue of self-defense, then the prosecution has the burden of persuasion on the issue of self-defense. If the defendant does not generate the issue of self-defense, then the prosecution does not have to prove that the defendant had not acted in self-defense.

The Court of Appeals of Maryland adopted these principles in the case of State v.

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EvansMd. The Court said allocating the burdens of production and persuasion in this manner was required by the Supreme Court's decision in Mullaney v. WilburU. In civil cases, by contrast, self-defense remains a defense, meaning that the burden of proving its applicability is on the defendant.

See Baltimore Transit Co. Faulkner, supra, Md. If the duty-to-retreat criteria is met, then the following self-defense criteria are examined, as contained within the Maryland Criminal Pattern Jury Instruction. Phrases surrounded with are substituted with specific instances of the case.

Self-defense is a defense, and the defendant must be found not guilty if all of the following three factors are present:. If the defendant is found to have used deadly-force, it must be decided whether the use of deadly-force was reasonable.

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Deadly-force is reasonable if the defendant actually had a reasonable belief that the aggressor's force was or would be deadly and that the defendant needed a deadly-force response. If the defendant was found to have not used deadly-force, then the defendant had no duty to retreat.

Defense of others is a defense, and the defendant must be found not guilty if all of the following four factors are present:.

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Defense of one's home is a defense, and the defendant must be found not guilty if all of the following three factors are present:. Defense of property is a defense, and the defendant must be found not guilty if all of the following three factors are present:.

Deadly force is that amount of force reasonably calculated to cause death or serious bodily harm. Persons are not responsible for assault or battery if they were defending themselves, other persons, their property or their employer's property, so long as they used only such force as was reasonably necessary to protect themselves, other persons, their property, or their employer's property from actual attack or threat of imminent harm.

Threat of imminent harm does not mean that one must wait until the other person makes the first move. A person may use deadly force only as a last resort. The person must reasonably believe that he or she or a third person was in immediate danger of serious bodily harm and that there was no other reasonable means of defense or ability to escape.

While the use of force in self-defense may be justifiable, the person defending himself or herself still runs the risk of being sued by the attacker for monetary damages.

Inthe Maryland General Assembly passed, and Governor Martin O'Malley signed, a bill to address this issue and to provide for an immunity to such civil lawsuits in certain cases in which a person used force, including deadly force, to defend his or her home or business.

The statute essentially codifies the common law rule of self-defense. It is arguable that the statute makes the "Castle Doctrine" applicable to actions committed to defend a person's business. But the statute is not entirely clear on that point, because of its requirement that the force be "reasonable under the circumstances" and the absence of specific language saying that the defendant may stand his or her ground in the business.

Importantly, the statute also provides that, if a defendant prevails in a defense under the statute, then the court "may" order the plaintiff to pay the defendant's costs and reasonable attorney's fees.

The statute further provides that the immunity which it creates does not apply if the defendant had been convicted of certain criminal charges in connection with the incident. The General Assembly enacted the statute nine years after an incident that occurred on the night of March 19,in which one or both of the co-owners of a cement company in Glyndon, Maryland opened fire on three intruders on the company's premises, killing one of them and wounding the other two.

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In Februarythe estate and young son of the deceased intruder sued the two brothers and their company for damages. Also from the chat box, there are a few other features. Clicking the button will setup live, streaming video chat using your web cam and microphone, the button will setup a VOIP audio-only call using your microphone, and the button will allow you to select a photo on your device and instantly send it to your friend.

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If you plan to represent yourself, talk to a free lawyer at your local Family Court Help Center or by calling the Maryland Court Help Center. These lawyers can't represent you in court, but they can help you represent yourself. General Principles. Maryland continues to follow common law principles on the use of force in self-defense, although there is a statute (discussed below) on the subject of immunity from civil lawsuits for the use of force to defend a home or a business. In the case of Baltimore Transit Co. v. Faulkner, Md. , 20 A.2 which involved a civil lawsuit for assault and battery. We have lots more single women in Cumberland, Maryland, join now and start chatting with one of our single girls now! We have Christian women, Republican ladies, Democrat women, blondes, brunettes, red heads, and everything else. Find black women, white women, latina females, and asian women in Cumberland MD.

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