If you need assistance with your Maryland family law matter, we can help you explore your legal options. Maryland Family Law Attorney, LaSheena Williams, discusses the responsibilities of Maryland family law magistrates and what to do if you disagree with a magistrate’s decision.
Thank you for joining me today my name is LaSheena Williams and I am a Maryland family law attorney. My firm helps our clients take control of out of control domestic situations. Today we will be discussing what to do when a magistrate gets it wrong.
What Are the Magistrate’s Duties and Restrictions?
A magistrate judge is a court appointed official meant to be able to help with a lot of the overflow in family law cases. They can deal with regular custody issues, divorce issues regular concerns for most people having family law issues in Maryland. They do not necessarily have all of the same duties and responsibilities that a circuit court judge has. A magistrate can only make recommendations. A judge can make orders. A magistrate can’t deal with incarceration issues such as petitions for contempt that involve incarceration but a circuit court judge can. If you believe the magistrate misunderstood the situation and they issued inappropriate recommendations, you have up to 10 days to file for exceptions.
What Are Exceptions?
Exceptions are what you file when you don’t agree with the magistrate’s recommendation and with exceptions it’s a request for the court to have a circuit court judge review the magistrate’s recommendations before those recommendations are changed and entered as a court order.
What is the Process for Filing for Exceptions?
Typically when filing for exceptions you have up to 10 days from when the magistrate makes their recommendations. When you file for exceptions you must abide by certain procedural requirements: you have to request a transcript you have to write out what your exceptions are and what concerns you have that weren’t addressed appropriately and you must present your argument before a circuit court judge.
Will I Automatically Lose?
Often many people believe that when they file for exceptions that they will automatically lose their exception request and the order will be entered automatically. The issue is that that’s not always the case if you procedurally follow the rules and you argue your case appropriately you have just as much of a shot as having your exceptions heard and granted as any other court order or court request.
If you have any questions about what to do when a magistrate gets it wrong or any other domestic related issues please feel free to subscribe to my Youtube channel for future updates please also feel free to give us a call at (301) 778-9950 to speak with an attorney today.
Check Out Our Related Maryland Family Court Related Videos:
◾ Know The Difference: Judge v Family Law Magistrate | https://youtu.be/9pW4Oxfz-8s
Check Out Our Related Maryland Family Court Related Posts:
◾ When the Magistrate Gets It Wrong: Filing Exceptions in Maryland | https://bit.ly/3njJj10
◾ What to Do When the Maryland Judge Is Wrong | https://bit.ly/2LlSnFt
Contact the Law Office of LaSheena Williams today to learn more about how we can help support you with your Maryland family law matter.
