Assault & Battery Peace order, and assault

Yvonne S

New Member
Jurisdiction
Maryland
I have been harassed, threatened and stalked by my neighbor for 6 years. Everything is documented as well as video. I am on my third peace order which hasn't helped me yet. Last week it escalated to where the guy took a swing at my husband and my husband punched him knocking him to the ground and then he pulled his knife and threatened to stab my husband (who is on my peace order). Three neighbors were out and witnessed the whole thing from the time he started with my husband. My husband over powered him and was able to hold the hand with the knife while holding him down until a neighbor came over. The neighbor had to tell him twice to drop the knife at which point he got the knife and held it for police. The police arrested him and we didn't know anything as nothing was stated to us. Not even a report number was given to us. We looked on case search the next day, Sunday and only saw that he was charged with violating the peace order. We called the precinct and they couldn't answer as to why the officer didn't charge him with second degree assault with a deadly weapon as it was listed in the report. My husband was then advised to go to the commissioner himself and charge him. When he went there the commissioner said the way the peace order is written she was not bound to it by law. This is the third order written the exact same way by 2 separate judges. The police acknowledge it and a lawyer said it's valid and that the commissioner don't know what she is talking about. The judge added my husband to the order because the neighbor has called his job which happens to be the state of MD he works for telling lies and saying he was stealing. He has harassed my son and daughter so the judge included them all in the comments of the order. I have gotten nothing but the run around and no one is helping us (the victims) while this guy skates free. To top it off after 2 nights in jail the commissioner let him go free on his own commitment. We went to the states attorney's office and he couldn't answer why the officer didn't charge him that night nor could he answer why the commissioner said what she said to us. He couldn't issue a warrant only a criminal summons but that he was putting it together so it's all one day in court. Like that's doing me a big favor at this point. It's like so crazy that everyone isn't on the same page. The law is really a mess and obviously not to help law abiding citizens like us. I asked the officer the other day on the phone why she didn't charge him and her answer was she didn't see it. Thank goodness I have security cameras which clearly showed him as the aggressor which 2 officers looked at that night as well witnesses that heard everything. It's neither here nor there now but if this officer simply made a mistake it was a huge one for us because he would still be in jail otherwise. This guy will not stop bothering us. He isn't even the home owner his brother is but he does nothing to help he just lets his brother live there and continue. I don't know a thing about the law so can someone please give me some feedback? Aren't there laws about maintaining a peaceful home? All the neighbors know and have stated that he is problem. We don't do anything to this guy. He never suffered a consequence until spending those 2 nights in jail and he still hasn't learned as he walked past my house this morning punching his fist so he clearly has no intention of stopping. Got that on camera too. Please anyone? Advice? I think the media is my next step. We are so exhausted. Something is clearly wrong here in MD. I know a high ranking officer in Baltimore City who said if this happened there he would have been charged that night regardless of any peace order. Aren't the laws statewide? Why does it vary and the city handles their peace orders differently then the county? Also, the states attorney said, the law changed years ago for pocket knives. So it's just second degree assault, not with a deadly weapon. He clearly wanted to cause deadly harm. I don't get that either. Hell I can kill someone with a screw driver. What is going on here? Thanks in advance.
 
Where in MD are you? Guessing not the city, but yes, BC and every other jurisdiction does have some of their own laws. It isn't clear what this guy is doing to you other than the one incident. I will say that when both parties act aggressively, it is rare for just one party to be arrested for it. It isn't clear what the PO prohibits and if there was a violation of that act. If you have already spoken with the DC Commissioner and SA, I am not sure exactly what action you are looking to take.
 
I'm just not sure there is much more you can do. Some people probably would have moved by now.
 
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