A domestic violence call can change someone’s life before the night is over.
Someone may call the police because they want an argument to stop. They want help calming things down. They may not expect their partner to be arrested.
But once officers arrive, they have to assess what happened, whether a crime occurred, and whether someone is in danger.
Part of that response may include a “lethality assessment.”
The name sounds alarming. Understanding its purpose, and how it fits into the investigation, can help you make sense of what happens next.
Jump to: What it is · How Anne Arundel County police use it · A declined assessment · Allegations that change the urgency · What I look for · Warrantless arrest · Protective orders · What I tell my clients
What Is a Lethality Assessment?
The Maryland Network Against Domestic Violence created the Lethality Assessment Program, often called LAP, in 2005.
The program uses an evidence-based, 11-question screen to help identify people at risk of being seriously injured or killed by an intimate partner. It also provides a process for connecting those people with a local domestic violence service provider.
The goal is to identify danger and get someone connected with help while a responder is still there.
How Anne Arundel County Police Use It
Anne Arundel County Police Department’s written directive describes administering the assessment to the person identified as the victim. Certain answers trigger a domestic violence hotline referral. An officer can also initiate a referral based on the officer’s assessment of the danger.
The directive calls for the completed assessment to be attached to the offense or incident report.
In practice, officers use the assessment whenever possible. But the person being screened does not always want to complete it.
When that happens, officers mark the assessment as declined. The questionnaire answers are therefore unavailable.
That is a detail I pay attention to when reviewing the case.
What Does a Declined Assessment Tell Me?
When someone declines a lethality assessment or declines to have photographs taken, I consider why.
In my experience, sometimes that person called the police primarily to deescalate the situation. They wanted the argument to end or their partner to calm down. They did not necessarily expect an arrest.
That reluctance can also signal that the person may not want to cooperate with the prosecution as the case moves forward.
I am candid with my client about what that means.
The case will proceed. We cannot assume it will disappear because the other person does not want to participate.
But I also explain that, in my experience, someone who declines the assessment or photographs may remain reluctant to participate over time.
Declining either does not establish what happened. It is one circumstance to consider alongside the statements, physical evidence, and the rest of the investigation.
Some Allegations Change the Urgency
Certain allegations receive heightened attention from the beginning.
In my experience, when there is an allegation involving a threat to kill or strangulation, felony charges are more likely to move forward for prosecution. The specific charges still depend on the alleged conduct and available evidence.
Any mention of a weapon adds urgency to the police response.
These are serious allegations. They require a careful review of exactly what was reported, what officers observed, and what evidence supports or contradicts the account.
What I Look For When Reviewing the Case
I want to understand how the investigation developed.
What did each person tell the officer? Were they interviewed separately? Did anyone witness the incident? Are there photographs, recordings, medical records, or messages that help explain what happened?
If someone reported a threat, what was allegedly said? When was it said? Was anyone else present?
If the allegation involves text messages, I want to see the complete conversation.
A single message may look different when you read what came before and after it. A photograph may document an injury while leaving questions about how it occurred.
The work is in those details.
A lethality assessment can identify safety concerns. Reviewing the case requires examining the information behind those concerns and the other available evidence.
Can Police Make an Arrest Without a Warrant?
Maryland law permits warrantless arrests in certain domestic violence situations.
One provision, Criminal Procedure § 2-204, applies when an officer has probable cause to believe someone battered a spouse or another person with whom they reside, there is evidence of physical injury, and immediate arrest is necessary for specified reasons. Those reasons include preventing further injury, preventing property damage, or protecting evidence. The incident must have been reported within 48 hours.
That provision also requires consideration of self-defense when officers believe mutual battery occurred and an arrest is necessary. Other arrest authority may apply depending on the circumstances.
This helps explain why a call intended to calm a situation can result in an arrest.
The caller’s expectations do not determine what officers will do after investigating.
A Protective Order Can Affect Daily Life Quickly
A domestic incident may also lead to a protective order proceeding.
When courts are closed, an eligible person can seek an interim protective order from a District Court commissioner. A judge can consider a temporary protective order before the final hearing. (Maryland Courts: domestic violence and protective orders)
Depending on the relief granted, an order can restrict contact, require someone to leave a shared home, or address temporary custody. A temporary protective order can also require firearm surrender under specified circumstances. (Family Law § 4-505)
These restrictions can affect where you sleep, how you communicate, and how you see your children.
The deadlines matter, too.
Effective October 1, 2026, Maryland changed the ordinary temporary protective order period to a maximum of 14 days after issuance, subject to exceptions and extensions. The ordinary deadline for the final hearing also changed to 14 days after issuance. Follow the actual order and hearing notices in your case. (2026 Maryland Laws, Chapter 791)
That leaves a limited period to obtain records, identify witnesses, and prepare.
What I Tell My Clients
My advice starts with a few direct instructions.
Preserve everything.
Keep complete text conversations, emails, photographs, recordings, and court papers. Identify anyone who may have relevant information. Do not delete material because you think it looks unfavorable.
Your lawyer needs the complete picture.
Do not contact the other person.
Do not try to explain your side, work things out, or persuade someone to change their account. If a court order prohibits contact, follow it even if the other person reaches out first. Prohibited contact can expose you to a separate criminal charge.
Do not post about the case on social media.
A post written out of frustration can become another piece of evidence that needs explaining.
Finally, read every court document carefully. Know your hearing dates, your release conditions, and exactly what any protective order requires.
Bring those documents to your lawyer.
Getting Help With the Case
The first conversation should address the immediate questions.
What proceedings are pending? What restrictions are already in place? When is the next hearing? What evidence needs to be preserved?
From there, the work is to examine the allegations, obtain the available records, and prepare for the decisions the court will be asked to make.
If you are facing a domestic violence charge or a protective order proceeding in Anne Arundel County, contact Cochran & Chhabra Law Group to schedule a confidential consultation or call 410.268.5515.
If You Are in Danger
If you are in immediate danger, call 911.
For support and safety planning, call the National Domestic Violence Hotline at 1-800-799-7233, text START to 88788, or visit TheHotline.org.
Mandeep S. Chhabra
Mandeep S. Chhabra is the managing member of Cochran & Chhabra Law Group and has practiced law in Maryland since 2000. He is a trial attorney whose practice centers on criminal defense across Anne Arundel County and Maryland. He has been recognized by Super Lawyers, Avvo and Martindale-Hubbell, and is a member of the Million Dollar Advocates Forum.
Sources
- Maryland Network Against Domestic Violence — Lethality Assessment Program
- Anne Arundel County Police Department — Directive 1603
- Md. Code, Criminal Procedure § 2-204 — warrantless arrest in domestic cases
- Maryland Courts — Domestic Violence and Protective Orders
- Md. Code, Family Law § 4-505 — temporary protective orders
- 2026 Maryland Laws, Chapter 791 (HB 497)
- Md. Code, Family Law § 4-509 — violating a protective order
- National Domestic Violence Hotline
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.