Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, we have JGL Attorneys, Rama Taib-Lopez & Allison McFadden.

In this episode, he answers the following questions and more:

  1. What are the requirements of a mutual consent divorce?
  2. What does a written agreement need to include?
  3. What are the benefits of a mutual consent divorce?
  4. Do you still need a lawyer?

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

Intimate partner violence and abuse is on the rise during the pandemic.  The statistics are staggering – 1 in 4 women and 1 in 10 men experience intimate partner violence in some form.1 Intimate partner violence can take many forms including emotional, physical, sexual or financial – it impacts women and men of every race, gender, orientation, and class.

This Blog expands upon Erika’s & Lindsay’s joint JGL Law for You Podcast Episode When Divorce, Infidelity, Harassment & the Workplace Mix:  Issues to Look Out For.

From Erika on the Employment & Sexual Harassment Law Perspectives:

Financial control is one tactic often employed by abusers to keep their victims in the cycle of dependence and abuse.  Financial abuse can take many forms: abusers may stalk or harass their victims at work, attempt to get them fired, or injuries from physical or mental abuse may keep victims out of the workplace.  So what do you do if your partner or ex is stalking or harassing you in your workplace? 

Some states have stepped up to enact robust measures to protect victims of domestic violence in the workplace.  For example, Washington, DC recently amended the DC Human Rights Act of 1977, to make it illegal for employers, employment agencies, and labor organizations in the District of Columbia to discriminate against an employee or an applicant for employment based on their status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking.  California, and a number of other states also offers similar protections for employees who are victims of domestic violence.

Broadly, these laws prevent employees for being retaliated against for an abuser’s harassment, for seeking court intervention to protect themselves, or for seeking accommodations to obtain physical or mental health treatment for their abuse.  These laws also often contain requirements that put an affirmative duty on employers to take steps to increase the safety of victims at work.

However, not every state has express protections for victims of abuse in the workplace.  For example, Maryland state law does not currently provide express protections for victims of domestic violence at work, as being a victim of domestic abuse is not considered a protected class under the Maryland Fair Employment Practices Act.  Even if your state does not provide express protections for you in the workplace, you may still be protected under federal law. 

For example, domestic violence that results in the victim experiencing physical or mental injuries may require your employer to provide job-protected leave under the Family Medical Leave Act, or provide you with reasonable accommodations under the Americans with Disabilities Act.  Similarly, if your employer has different standards for men and women – such as allowing men to leave work without penalty for custody hearings, while penalizing women for taking time off to obtain a protective order, you may also have protection under Title VII for sex discrimination.

Given how critical financial independence is as a pathway for victims of domestic violence to get out of the cycle of abuse, it is critical that you take steps to protect your rights in the workplace.  If you think you are being discriminated against or retaliated against because you are a victim of domestic violence, you should contact a lawyer for help.

From Lindsay on the Family Law Perspective:

Peace and Protective Orders are civil orders that require the abuser to stop the behavior, have no contact, and stay away from the victim, victim’s home and workplace.  A person is eligible either for a Peace Order or a Protective Order, not both.  While civil orders (which means the type of case is not a criminal one), a violation of these orders (so, failure to comply) can result in criminal charges and prosecution.

Which Order is available to a victim depends upon the answers to these two questions:

  1. What is the relationship of the victim and abuser?
  2. What is the abusive behavior?

The answer to “What is the relationship?” matters because the relationship is the first step in figuring out which Order a victim is eligible for.  A Protective Order is available to a spouse, ex-spouse, cohabitant,  an individual with a child in common with the abuser, or an individual who had a sexual relationship with the abuser within 1 year of filing a Petition for Protection.  A Peace Order is available to everyone else.  So for example, current dating partners whose relationship was not sexual or ex-dating partners without a sexual relationship in the last year are eligible for a Peace Order.

The answer to “What is the abusive behavior?” matters because the behavior these Orders protect against is not the same for both Orders.  In the context of stalking and stalking-like behavior, a Protective Order protects against stalking and revenge porn, while a Peace Order protects against harassment, trespass, malicious destruction of property, criminal misuse of a phone, criminal misuse of a computer, revenge porn, and criminal visual surveillance.  Likewise, the behavior that allows a Court to grant these Orders is not the same for both Orders.

Even if the problem behavior is not eligible for a Protective Order, it may still be relevant in divorce, child custody, and potentially child support and alimony cases. 

In divorce, if the behavior is a circumstance that led to the estrangement of the parties, that’s a factor the court considers when deciding alimony and division of property.  Also, problem behavior may be considered by a court when deciding child custody if the child(ren) were exposed to the behavior and negatively impacted by it.  Finally, if the victim loses his/her job because of the abuser’s behavior, a court might not find the victim voluntarily impoverished (deliberately unemployment or underemployed to avoid paying support) for child support calculation and alimony eligibility.

When abuse arises and the abuser has a security clearance for his/her job and financial support (child support and alimony) are potential issues, the abuser may be at risk of losing his/her security clearance and job from the entry of a Peace or Protective Order.  When that is a possibility, sometimes the parties will opt for a no contact/stay away agreement and consent order, filed in the family law case (and not a Protective Order case).  While the Peace and Protective Order process has standard “fill in the blank” forms, there’s no contact/stay away agreements and consent orders and these have to be negotiated and drafted for each individual client.

When the stalking and abusive behavior between the parties occurs in their family-owned business, it is more challenging to establish protections that allow for the business to continue normally.  Normal business operations fund family cashflow and maintain the business’s value, two important considerations for property valuation in divorce and cashflow for support (alimony and child support). 

These complicated issues are best discussed with an attorney to understand the unique circumstances, available solutions, and their consequences.

  1. Evans, Megan, L., M.D., Lindauer, Margo, J.D., Farrell, Maureen E., M.D., The New England Journal of Medicine, A Pandemic within a Pandemic — Intimate Partner Violence during Covid-19, available online at https://www.nejm.org/doi/full/10.1056/NEJMp2024046 ↩︎

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, we have JGL Attorney, Matt Bryant.

In this episode, he answers the following questions and more:

  1. What are the grounds for challenging a Will? 
  2. What is Testamentary Capacity?
  3. Is ‘Delusion’ a sufficient evidence?
  4. What would qualify as an ‘undue influence’? 

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

Attorneys Brian Markovitz and Michal Shinnar represent three individuals who faced workplace discrimination at the U.S. Government Printing Office, including open Anti-Semitic and Nazis propaganda.

Successfully defended, as part of a team, on appeal a decision by the Orphans’ Court that spouse who procured a marriage by undue influenced forfeited her right to claim an elective share against her husband’s estate.

The appellate decision is available here (PDF).

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, we have two JGL Attorneys, Lindsay Parvis & Erika Jacobsen White.

In this episode, they answer the following questions and more:

  1. What if someone works with their spouse or romantic partner, their spouse/partner is their boss, and they are breaking up?  What issues look out for? 
  2. What if a spouse finds suggestive texts/sexts from their spouse to the spouse’s co-worker? 
  3. What if Employee spouse and co-worker are having an affair?  Are the concerns different? 
  4. “My ex is stalking or harassing me at my workplace” – what do I need to consider?  What remedies are available? 

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, we have two JGL Attorneys, Veronica Nannis & Sarah Chu.

In this episode, they answer the following questions and more:

  1. What is the meaning of the terms Qui Tam & Whistleblower?
  2. Do COVID relief packages have a potential for fraud?
  3. What are some common types of COVID-19 fraud covered that might qualify as False Claims Act cases?
  4. How are whistleblowers reporting COVID-19 fraud protected?

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode we invited Rick Rudman. He is a seasoned and well tested professional with over 30 years of business experience, with 20 of those years focused in the financial industry. Over the years, Michael has strategically grown his practice while remaining committed to his emphasis on customer service and high-level planning. He created a team of highly motivated professionals who share his vision and drive.

In this episode, Rick Rudman answers the following questions and more:

  1. How does pre-sale renovation help the Realtors and sellers?
  2. What happens if the house does not sell?
  3. What does the contract that the sellers sign looks like?
  4. What happens if the couple is getting a divorce and you run into delays?

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, we invited Michael Loftus. He is a seasoned and well tested professional with over 30 years of business experience, with 20 of those years focused in the financial industry. Over the years, Michael has strategically grown his practice while remaining committed to his emphasis on customer service and high-level planning. He created a team of highly motivated professionals who share his vision and drive.

In this episode, Michael Loftus answers the following questions and more:

  1. How did the beginning of the pandemic affect the financial market?
  2. How did financial planning pivot in light of COVID?
  3. What to expect in Wealth Management in the post-vaccine world? 
  4. How will the new administration affect the financial market?

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

Injuries to newborn babies and/or mom can be devastating.  These injuries can occur during the pregnancy or the labor and delivery process itself.  The harm can be catastrophic and result in death or severe disabilities that lead to a lifetime of expensive care.

What types of pregnancy or birth injuries can be the result of medical malpractice?

Hypoxic Ischemic Encephalopathy (“HIE”) This occurs when the unborn baby does not get enough oxygen during the labor and delivery and the health care provider waits too long to deliver the baby. Signs are often missed by the health care providers and this condition often results in severe brain damage or even death to the baby. HIE is often a cause of cerebral palsy.

Uterine rupture can quickly lead to the death of mother and/or baby.  This catastrophic event can occur if the wrong medications or dosages of medications are used during labor or if a health care provider fails to discover problems with the uterus while mom is pregnant.  

Shoulder dystocia occurs when the baby’s position in the womb causes difficulty in delivery.  The baby’s shoulder and arm can be injured, leading to damage to the bundle of nerves in the shoulder (“brachial plexus.”) The baby may lose the ability to move and use the arm properly and require extensive surgery and therapy throughout his or her life.

If your child or loved one suffered from any of these conditions, or you suspect that a mistake was made during your pregnancy or delivery, please contact the lawyers at Joseph, Greenwald & Laake, PA and speak with us about your case.

What if my child is older-am I able to still pursue a claim?

Generally, an injured party has a short period of time-2 or 3 years, depending on the state or district, to file a lawsuit for medical malpractice.  However, that time period is extended if the malpractice victim is a child. Do not wait – call us today at (301) 220-2200.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, we invited Andrea Lopes. After over 20 years as a psychotherapist, she has built upon that experience to become a life coach, providing people with the tools and personal support needed to make significant positive changes in their lives. 

In this episode Andrea Lopes answers the following questions and more:

  1. What are young kids dealing with directly resulting from the pandemic?
  2. What issues have arisen in adults since March 2020?
  3. What kind of stresses are showing up in couples?
  4. What can people expect in terms of mental health, post pandemic?

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

UPDATE: In July 2021, the Court of Appeals, Maryland’s highest appellate Court, changed the law on consent and the legal standard when establishing De Facto parenthood when there are two (2) existing legal parents. These updates are discussed in my updated blog post.

Third party custody is one of the fastest developing areas of Maryland law, seeing many major changes since 2016.  This series of articles explores these developments and raises questions about where this area of the law is heading.

This series discusses:

Why Does Consent Matter?

Consent is a critical element of De Facto parenthood.  To be a De Facto parent requires the legal parent’s consent to and fostering of the third party’s and child’s parent-child relationship.  Without that consent, one cannot be a De Facto parent.  But, what if there are two biological/adoptive parents and only one consents to the De Facto relationship with a third party? 

What are Multi-Parent Families?

A multi-parent family is one in which three (3) or more parents are recognized as legally responsible for the care, custody, and control of a child.

Maryland’s legal approach to multi-parent families has evolved since 2016.  In 2016’s Conover opinion, the Court of Appeals’s majority cautioned against multi-parent families.  Footnote 18 recommended taking into account, when deciding custody, whether others had already been recognized as De Facto parents and cautioned courts to “avoid having a child or family be overburdened or fractured by multiple persons seeking access.”  One of the concurring opinions found this caution odd in light of the unanswered question of unilateral consent.  As discussed in my last blog, the lower appellate Court’s 2018 Kpetigo decision opened the door (but did not definitively resolve) legally recognized multi-parent families and unilateral parental consent (so, consent of only one parent) to formation of a De Facto parent relationship. 

Until E.N. v. T.R., 247 Md.App. 234 (2020), which ushers in the era of legally recognized multi-parent families and unilateral parent consent.

E.N. v. T.R.

This case involved a mother, father, and father’s (non-spouse) partner.  Mother’s and father’s children lived primarily with father and father’s partner, and mother informally agreed to this.  During Father’s incarceration, the children continued to live with father’s partner.  Father’s partner and mother disagreed about visitation and custody, so father’s partner filed for custody.  Father submitted a written consent to partner’s custody (though was not a party in the case and did not participate).  At trial, father’s partner was found to be a De Facto parent and granted sole physical custody, with alternate weekend visitation to mother and joint legal custody to partner and mother.

On appeal, the Court concluded that one parent can create a De Facto parent through consent and fostering that relationship.  The Court adopted Conover’s dissenting discussion that a De Facto parent relationship could be created when:

  • there are two parents
  • by only one parent’s consent and knowledge
  • without the knowledge and consent of the other parent

The opinion does not speak to establishment of a De Facto parent relationship over the ongoing, explicit objection of the other parent and seems to decline to decide whether implied consent is sufficient. 

Additionally and unsurprisingly (though bears remembering), the Court reiterated that once De Facto parent status is conferred on a party, that party and the parents are on equal legal footing, including constitutionally.

What’s the Big Deal?

E.N. v. T.R. raises more questions than it answers.  For example:

  • Is there a limit on the number of legally recognized parents a child can have?
  • Can a parent overcome one-sided consent and prevent third party custodial rights from being established?
  • Once recognized as a legal parent, can legal parenthood be terminated?  How?
  • What about child support?
  • How far can parental constitutional rights be pushed?

All – and more – to be discussed in my final blog about the future of third party custody…  But first, a brief detour to Grandparent Visitation rights.

Since 2002, Lindsay Parvis has represented clients in Maryland custody, divorce, and marital matters. She negotiates, litigates, and advocates for the best interests of her clients, whether in contested litigation, uncontested settlement, or premarital and other agreements. Her clients are not only spouses and parents, but also children whose interests she is appointed by the court to represent in contested custody litigation.  Lindsay strives to improve Maryland law in the General Assembly, volunteering her time to monitor, advocate, and educate about legislative developments in family law.

You can follow her for discussion, news, and developments in Maryland family law on LinkedInFacebookInstagramTwitterLindsayParvis.com, and YouTube.

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