1030/25•Cephas, Ronique v. McIntyre
Testo completo
*This is an unreported opinion. This opinion may not be cited as precedent within the rule of stare decisis. It may be cited for its persuasive value only if the citation conforms to Rule 1-104(a)(2)(B). Circuit Court for Baltimore County Case No.: C-03-FM-25-810107 UNREPORTED* IN THE APPELLATE COURT OF MARYLAND No. 1030 September Term, 2025 ______________________________________ RONIQUE CEPHAS v. MONAE McINTYRE ______________________________________ Reed, Shaw, Eyler, James R. (Senior Judge, Specially Assigned), JJ. ______________________________________ Opinion by Reed, J. _____________________________________ Filed: October 15, 2026
‒Unreported Opinion‒ This is an appeal from the entry of a Final Protective Order issued pursuant to the domestic violence provisions of the Family Law Article, Md. Code (1984, 2019 Repl. Vol., 2025 Supp.), §§ 4-501 et seq. of the Family Law Article (“FL”). The parties to this appeal, Mr. Ronique Cephas (“Mr. Cephas” or “Appellant”) and Ms. Monae McIntyre (“Monae” or “Appellee”), have two children in common. 1 At the time of these events they were involved in unrelated litigation over custody of their children. The custody matter is not before us, and the course of that litigation has no bearing on the issues raised in this appeal. Nevertheless, the parties’ shared custody provides a factual backdrop because when the time came for a “visitation exchange” at which Mr. Cephas arrived at Monae’s residence to pick up the children, a dispute and confrontation between the parents resulted. 2 Cross- petitions for protective orders followed. Following the circuit court’s issuance of a Final Protective Order in favor of Monae, Mr. Cephas filed a timely appeal to this Court. He presents a single question for appellate 1 To avoid confusion, we refer to Ms. McIntyre as “Monae” because the record contains testimony from her mother, Mrs. Janet McIntyre. 2 The parties “reached an interim agreement” in their custody litigation, agreeing to shared physical custody and that “all visitation exchanges” would “take place at 2401 Oswego Avenue, Baltimore, Maryland[.]” The “Interim Consent Order” also provided details as to when visitation exchanges would take place. An amended Order was issued on October 27, 2025. The Amended Order provided in part that the exchange of the minor children would continue to take place at the Northern Baltimore City Police Precinct during the pendency of a Final Protective Order, and thereafter at the maternal grandmother’s house.
‒Unreported Opinion‒ 2 review, 3 as follows: Was there sufficient evidence before the court to support a finding of abuse? For the reasons that follow, we shall affirm. INTRODUCTION - M OOTNESS At the outset, we must consider whether the validity of the Final Protective Order is a moot issue. The Order in favor of Monae McIntyre that is the subject of this appeal expired on July 14, 2026. Although the parties have not argued this issue, Mr. Cephas’s counsel has commendably asked this Court to “vacate the Final Protective Order entered against Mr. Cephas on July 14, 2025, whether or not the same remains in effect.” Maryland courts “ordinarily [do] not render judgment on moot questions.” LaValle v. LaValle, 432 Md. 343, 351 (2013). A “case is considered moot when past facts and occurrences have produced a situation in which, without any future action, any judgment or decree the court might enter would be without effect.” Id. (cleaned up). Our Supreme Court has observed, however, that there are nonetheless several instances in which an “appeal can ostensibly appear moot, yet appellate review is warranted. First, mootness will not preclude appellate review in situations where a party can demonstrate that collateral consequences flow from the lower court’s disposition.” D.L. v. Sheppard Pratt Health Sys., Inc., 465 Md. 339, 352 (2019) (cleaned up). Such is the case here, and on this record, we 3 In his brief, Appellant poses the question, verbatim as: I. Whether it was clearly erroneous for the trial court to issue a final protective order when there was no evidence to support a finding of abuse?
‒Unreported Opinion‒ 3 will address the merits of Mr. Cephas’s appeal, given the “significant repercussions” or collateral “consequences” for him that derive from a Final Protective Order. See generally, Piper v. Layman, 125 Md. App. 745, 752-53 (1999) (describing potential consequences). B ACKGROUND Procedural History The events of June 27, 2025, in which a child custody exchange took place, have prompted the filing of three petitions for protective relief. On June 28, Mr. Cephas filed his first Petition for Protective Order in the District Court of Maryland, sitting in Baltimore County. (D-08-FM-25-001553). This Petition was denied on June 30. In denying the initial Petition, the district court reasoned that there was “No Statutory Basis for Relief.” Mr. Cephas filed his second Petition on the 30 th . The district court denied this Petition the same day, finding that “Petitioner could not meet required burden of proof[,]” (D-08-FM-25- 819350). Mr. Cephas took an immediate de novo appeal to the circuit court. See FL §§ 4- 507(b)(1), (b)(2); Md. Rule 7-112. Monae McIntyre filed her Petition for a Protective Order on July 2, 2025. The court granted a Temporary Protective Order on that date, and scheduled a Final Protective Order hearing for July 9. At the July 9 hearing, the circuit court continued the matter until July 14 and consolidated it with Mr. Cephas’s de novo appeal. The circuit court extended the Temporary Protective Order until the 14th. Following the July 14 consolidated hearing on the cross-petitions, the circuit court denied Appellant’s de novo appeal, and issued a Final
‒Unreported Opinion‒ 4 Protective Order in favor of Appellee. The Final Protective Order was to remain effective for one year until July 14, 2026. Factual Background Monae McIntyre Monae testified first, and recounted that she and Mr. Cephas have two children in common and had been in an “on and off relationship” for “five or six years.” 4 The relationship ended because it was “on and off” and “was a physically and emotionally abusive relationship.” She had suffered a miscarriage in 2023 which “resulted from the stress and the verbal abuse that [she] received.” She characterized the relationship as physically and emotionally abusive. Monae recalled: Well, Mr. Cephas would bite. He would choke me. He would hit me. All under the context of him not getting his way or if I wasn’t listening to him. Most of the time, it resulted in me becoming very emotional and defensive, and he would blame me for my reactions. He would provoke me to get reactions out of me and then blame me for the reactions as to why I was receiving the abuse. The children were present during these incidents. She had taken photographs to illustrate the effects of physical abuse, showing some “redness” on the back of her head, “bite” marks, a shattered cell phone, a tooth that had suffered trauma, and scratch marks. A number of instances occurred some years before. For example, the “bite marks” were 4 At the time of the hearing, Monae had two pending criminal charges involving Mr. Cephas. The trial court directed her counsel to advise her on the record of her Fifth Amendment rights against self-incrimination. Those charges have no impact on this case.
‒Unreported Opinion‒ 5 suffered in “2018 or 2019.” Her cellphone was shattered in 2022; the “redness” was due to an altercation in 2022. She suffered trauma to her tooth in 2019; bruises and scratch marks on her neck dated from an altercation in late 2022. After their relationship ended, Monae and Mr. Cephas fought over custody. An Interim Consent Order in their custody dispute provided that Mr. Cephas would pick up the children at Monae’s parents’ house. Monae explained that she did not “feel safe with Mr. Cephas visiting [her] residence at all.” Mr. Cephas was scheduled to pick up the children at her parents’ home for an exchange on Friday, June 27. Monae recalled: So we arrived about 15 minutes after the time written in the consent order. The children have extracurriculars. Once we arrived, it had been drizzling once we got there. So Mr. Cephas came down to my car. Usually my mother takes the children to his car. He never comes in contact with me or comes close to me whatsoever. This day, in particular, he walked down to my vehicle to retrieve the children. He asked about rain jackets. I mentioned that they didn’t have them because it was sunny all day and it was hot outside. He then became aggressive and was saying that they need their jackets. This is ridiculous. I’m going to take -- I’m going to have to record this and send this to the courts and show how you’re incompetent. So he pulled his phone out and started recording. I stated that I did not want to be recorded. He became aggressive. Where are their jackets? Why don’t they have on jackets? At this point, I’m still in the car and I shut the door; the children are out. My mom mentioned something to him about them not needing jackets early in the day, and he’s still going back and forth with her. I opened the car door and I asked him to please take the children inside of the car and to stop arguing with my mother. He’s saying things about, you’re going to need your lawyer. I’m going to submit all of these documents to the courts because I’m going to destroy your daughter. So that’s why I got out and I said, can you please just get the kids in the car and stop arguing with my mom. At that point, he then says to me, be quiet -
‒Unreported Opinion‒ 6 - or shut up or you better go ahead before I bring somebody around here to come and get you. Immediately I was triggered and it took me back to the years of abuse and I became emotional. He then started recording my reaction at that point like he’s done before in the past, where he would provoke a reaction out of me and then only record my reaction to try to use against me later. Monae was on the phone with her sister, who overheard the altercation and who urged Monae to contact the police. Monae continued: He comes around to the driver’s side of my vehicle with his phone still out recording me, and he’s yelling things at me. I’m emotional at that point, so I’m not sure what he’s saying, but he’s being very aggressive. So I get in the car and I close my door. And that’s all that I can remember from that situation. Like I said, I was very emotional. Monae recalled that Mr. Cephas had not returned to his car. He was holding their daughter “while he was yelling and recording” during this encounter. She was “afraid” because “of past abuse, because he mentioned sending someone around and because of all of the escalation that he’s been doing in the last couple weeks. I don’t know what he’s capable of or what he’s willing to do, how far he’s willing to go.” Monae recounted that Mr. Cephas has summoned the police “about seven or eight times … where he brings the police to the exchanges.” She questioned why he would call the police since her mother “does the exchanges” so there would be “no reason for the police to be involved.” She emphasized that it “causes stress and anxiety for the children and just for everyone involved.”
‒Unreported Opinion‒ 7 She explained that she has not reported Mr. Cephas to the police, or “press charges or anything that could get him in trouble with his job.” 5 She “didn’t want to cause any more turmoil for the children and just trying my best to keep the peace within the situation. Monae eventually submitted a victim statement to the police on July 1. The statement provided a “brief synopsis of what happened on Friday, June 27, with the threats that were made and how [she] was afraid[.]” Mr. Cephas had also filed criminal charges against her and had also filed for an “emergency custody hearing” as well as a contempt petition in the unrelated custody proceedings. The custody-related petitions were denied. Monae recalled that Mr. Cephas has “been filing different things almost every day[.]” Monae asked the court for the following relief: I’m asking for a permanent extension of my temporary protective order from Mr. Cephas. I believe that he is capable of harm as he has been in the past, and I feel that I need to be protected by all means. Especially with, like I said, the past, the current threat, and the continuing escalation of things. I don’t know what he’s willing to do, who he’s willing to send, or I’m not sure. She allowed that Mr. Cephas could contact her under the Order for purposes of facilitating “custody, visitation, and exchanges.” On cross-examination, when asked why she had never reported Mr. Cephas to the police for “past actions,” Monae explained that she “was coerced into believing that the abuse that [she] was receiving was [her] fault.” She added that “the decisions that I made around calling the police was revolving around being emotionally manipulated, yes.” The 5 Mr. Cephas has a security clearance for his work.
‒Unreported Opinion‒ 8 questioning turned to the issue with injuries Monae suffered, primarily to her tooth, and she was questioned at length about the source of this injury. 6 After further cross-examination strayed from the issues relevant to the protection of either party, the trial court declared: These tangential issues is not before me. She’s made allegations against you, and you’ve made allegations against her. When it’s your turn to testify, I’m going to hear about your allegations against her. Right now all I want to focus on is what supposedly happened during this exchange, where she says you threatened her. You were going to get people to beat her up and things like that. Let’s talk about that. We’re getting late. Let’s go. On re-direct examination, the questioning returned to the injury to the tooth. Monae testified that the tooth was originally injured from trauma or damage “due to an altercation [she] had with Mr. Cephas.” She could not fix a specific date of injury, or its sequelae, but stated that “it’s been years of altercations and abuse that could have [caused it]. So I’m not sure which particular incident of me getting hit or thrown or whatever caused the trauma. I’m not sure which incident, but it was one of the inciden[ts] that occurred during our relationship.” Janet McIntyre Mrs. Janet McIntyre testified on behalf of her daughter, Monae. Her residence, 2401 Oswego Avenue, is where the events of June 27, 2025 took place because it was designated as a site for the children’s custody exchanges. Mr. Cephas arrived at the house for the 6 There was cross-examination about various injuries and whether they were documented, especially dental records.
‒Unreported Opinion‒ 9 exchange at about 5:50 P.M. The children had been to swimming lessons and had yet to show up. Monae had texted Mr. Cephas to inform him that she would be late. The protocol dictated that Mrs. McIntyre would facilitate the exchange with the children. Mrs. McIntyre testified that when the grandchildren arrived, her daughter texted her and asked her to “come get the kids[.]” When she began getting the kids out of her daughter’s car, Mr. Cephas noticed that they were not wearing rain jackets, and addressed Mrs. McIntyre “in a real aggressive way, where’s their jackets?” Mrs. McIntyre recalled that Mr. Cephas produced his cellphone and stated that “I’m going to record this to send down to the courts with all the other evidence that I have that’s going to destroy your daughter.” At that point Monae, who remained in her car, asked Mr. Cephas to “stop arguing with my mother. Put the kids in the car, stop arguing with my mother.” Mrs. McIntyre testified that he responded to this “real aggressively. You shut up because I’ll send somebody to come get you and all you’re going to do is run just because you’re scared, you know.” Mrs. McIntyre’s testimony continued: He walked around to his car, as if he was going to get in, and then he walked around to her driver’s side, real aggressive. And I was trying to get around there to her side and asking him to leave, you know, please leave, leave Monae alone, just leave. So when he finally left, he got in his car, rolled down his window, was yelling stuff still out his window at her. … He put the kids in the car, but he just kept coming back towards my daughter’s car … She never got out of her car. She never did touch him or anything.
‒Unreported Opinion‒ 10 Mrs. McIntyre explained that she would handle the exchanges “[b]ecause of the ongoing conflict between those two. … [E]very time they [communicate] they argue.” On cross-examination, Mrs. McIntyre explained that her relationship with Mr. Cephas deteriorated when he started to “call[] the police to my house, embarrassing my house, embarrassing our peace. … Making the kids nervous.” Mrs. McIntyre emphasized that her daughter “didn’t do anything,” and she testified that the “[o]nly thing she did” was to tell Mr. Cephas to “bring them” when he threatened to have someone come by. During this cross-examination, Mr. Cephas introduced text messages to Mrs. McIntyre that complained that Monae has “been violent towards me unprovoked, and no one has ever made an attempt at speaking with her. I can only take but so much[.]” He sought to establish through text messages that the McIntyres were aware of multiple incidents in which Monae was abusive towards Mr. Cephas. William McIntyre William McIntyre is Monae McIntyre’s father. He was present during the visitation exchange that took place on June 27. He described what he observed: My wife took the kids out of the car, out of Monae’s car to give to [Appellant]. [Appellant] went off about the kids not having jackets because it was drizzling rain somewhat, and they started arguing back and forth. My wife and he started arguing back and forth about that. So my wife told him to take the kids and go ahead. He says he’s going to destroy Monae. And my wife says, well, whatever you present is going to be shredded. And she says, please do not start recording me. I mean, he has a thing about recording, recording folk. After that, I heard them arguing and [Appellant] came down towards Monae’s car. Where I stand at on my porch, [Appellant] cannot see me. I’ve
‒Unreported Opinion‒ 11 got a 10 foot evergreen. So I stand on that portion of my porch. As he walked down the street, I heard him say -- no, Monae says, stop arguing with my mom, go ahead. She cracked her door and said that. He says, shut up or something like that. I’m going to get somebody to come around here and take care of you. He emphasized that Monae did not get out of her car, although she “cracked her door when she yelled, leave, stop arguing with my mom.” He also testified that Monae did not threaten Mr. Cephas and that she was not armed. He had seen Monae and Mr. Cephas arguing in the past, but had never seen him put his hands on her. When asked whether Mr. Cephas had raised concerns about whether Monae had abused him, Mr. McIntyre recalled that Mr. Cephas “came to me blaming her for you all disturbances.” Sara Rosenberg Sara Rosenberg testified on behalf of Mr. Cephas. She is the mother of Mr. Cephas’s youngest child, and was present on June 27 in order to “see th[e] scene” and had been concerned that Mr. Cephas did not have an “advocate.” She remained in her vehicle, which was parked some distance away from the McIntyre residence, but she could see the interaction and hear that they were talking. Ms. Rosenberg testified that she saw Monae exit her car, and that Mrs. McIntyre was attempting to restrain her. She denied hearing Mr. Cephas threaten Monae. On cross-examination, Ms. Rosenberg explained why she was present at the exchange on June 27: I attended this specific exchange because I know it’s been a lot of, like, hostile, like, environment with the exchanges and I wanted to be, like -- I wanted to witness it for myself with anything going on and possibly, like,
‒Unreported Opinion‒ 12 advocate for him as well because he -- I feel like it was, like, ganging up on him. I feel like everybody is -- I feel like they were, like, ganging up on him a lot and I just wanted to be a non-biased person sort of. * * * [T]o see what was going on, just to be a witness to a situation. * * * I didn’t want to attend this to specifically testify. Ms. Rosenberg did not hear anything that was said by Mr. Cephas, Monae or the McIntyres. On re-direct examination, she recalled witnessing the police arrive on June 27. When asked whether she had seen Mr. Cephas making “any threats or anything” on June 28, she answered “No, I didn’t see you do anything.” Ronique Cephas Mr. Cephas testified on behalf of his Petition. He played three videos that he had recorded on his cellphone. The videos confirmed earlier testimony as to what was said concerning the origins of the dispute on June 27. The first depicted the dispute over the raincoats. The second video shows, according to Mr. Cephas, Monae “reaching for what I believe is a Stanley water bottle, and she’s trying to throw it at me.” He testified that he went to the police after leaving the McIntyres’ and “[b]ased off” what he told police he sought to file criminal charges against Monae. He did so “[i]n retaliation to that is what they put in today, which was the protective order against me stating that I was the one that somehow made the threats that I recorded her making to me.” Mr. Cephas emphasized:
‒Unreported Opinion‒ 13 Yes, I have never placed my hands on Monae McIntyre. I’ve never abused her. I’ve never hurt her in any way, shape, or form. I have a secret -- security clearance, and what that means is even an investigation is enough to derail me being able to work. As opposed to this, I’m also trying to start up a LLC that I had a carry permit for. She sought - after this protective order, they seized all of my weapons from my house. So not only did she make the threat against my life and to send people to my house, she strategically used the courts to remove my firearm so I can’t defend myself. And I stated all of this in court. I submitted all of the evidence of what’s going on, and I am actually in fear for my life because there’s been strategic manipulation of the court system to kind of bind my hands to include Ms. McIntyre telling me if I ever reached out to law enforcement, she would disrupt my clearance. Mr. Cephas introduced a text message essentially outlining what he asserted were threats made by Monae to prosecute or rely on “appropriate legal action.” The trial court disagreed, explaining that “[s]he’s telling you what her legal rights are. That’s not a threat[.]”
‒Unreported Opinion‒ 14 The Trial Court’s Ruling The court ruled as follows: All right. Based on the evidence, testimony, witnesses presented, I do believe that -- by a preponderance of the evidence, Ms. McIntyre has been placed in fear of imminent bodily harm based on a pattern of abuse during her domestic relationship and that she was --felt threatened on September -- excuse me -- on June 28th of 2025. And I’m going to grant the order of protection on her behalf. And I’m going to order that Mr. Cephas not abuse, threaten or harass her, don’t call her, don’t write her. You can text her only with regard to issues relative to the minor children in the exchange thereof. I’m granting -- ordering that you stay away from her residence at 3300 Ripple Road. You also need to stay away from her residence, I mean, excuse me, her place of employment at 3400 North Charles Street, 21218. And you can only go to her parents’ residence at 2401 Oswego Avenue when Ms. McIntyre is not present. The custody and visitation will be as already previously ordered in C-03-FM-24-004219. With regard to Mr. Cephas’s petition for protective order, I do not find that he has met the burden and I am denying that request. This order will remain in effect for a period of one year until … July 14th of 2026. STANDARDS OF REVIEW Maryland Rule 8-131(c) addresses appellate review of an action that is tried without a jury, and relevantly provides that “an appellate court will review the case on both the law and the evidence. It will not set aside the judgment of the trial court on the evidence unless clearly erroneous, and will give due regard to the opportunity of the trial court to judge the credibility of the witnesses. In reviewing the issuance of a final protective order, “we accept the facts as found by the hearing court unless it is shown that its findings are clearly erroneous.” Barton v.
‒Unreported Opinion‒ 15 Hirschberg, 137 Md. App. 1, 21 (2001) (cleaned up). In doing so, “[w]e leave the determination of credibility to the trial court, who has the opportunity to gauge and observe the witnesses’ behavior and testimony during the trial.” Id. (cleaned up). “Determining the meaning of a statute,” such as the definition of “abuse” and what behavior is by law embraced by that provision, is a “question of law and subject to de novo review.” Medical Mgmt. & Rehab. Servs., Inc. v. Maryland Dep’t of Health & Mental Hygiene, 225 Md. App. 352, 360 (2015). See Edwards v. State, 453 Md. 174, 185 (2017) (plenary review of interpretation of statute). “As to the ultimate conclusion, however, we must make our own independent appraisal by reviewing the law and applying it to the facts of the case.” Piper, 125 Md. App. at 754. F INAL PROTECTIVE ORDERS The Maryland Domestic Violence Act is set forth in Title 4, subtitle 5 of the Family Law Article (“FL”). The purpose of the statute “‘is to protect and ‘aid victims of domestic abuse by providing an immediate and effective’ remedy.’” Walston v. Lindsay, 495 Md. 495, 504 (2026) (quoting Coburn v. Coburn, 342 Md. 244, 252 (1996) (further citation omitted). To do so the Act “provide[s] a civil remedy to victims of violence in interpersonal relationships.” Morgan v. State, 252 Md. App. 439, 454 (2021). It accomplishes this by “giving trial courts a wide array of options to address individualized circumstances, provided that the complaining witness provides proof of violence or the potential for violence by a preponderance of the evidence.” Id. The Domestic Violence Act is remedial
‒Unreported Opinion‒ 16 legislation, Suter v. Stuckey, 402 Md. 211, 231 (2007), and as such must be liberally construed to effectuate its core purpose. See Coburn, 342 Md. at 256. “A petitioner may seek relief from abuse by filing with a court ... a petition that alleges abuse of any person eligible for relief by the respondent.” FL § 4-504(a)(1). A “petitioner” means “an individual who files a petition.” FL § 4-501(p)(1). A “petitioner” includes “a person eligible for relief[,]” FL § 4-501(p)(2)(i), and also means “an individual who has a child in common with the respondent[.]” FL § 4-501(n)(6). The parties before us meet that definition. FL § 4-501(b) defines abuse, and provides in part: (b)(1) “Abuse” means any of the following acts: (i) an act that causes serious bodily harm; (ii) an act that places a person eligible for relief in fear of imminent serious bodily harm; … FL § 4-506(c)(1)(ii) provides that “if the judge finds by a preponderance of the evidence that the alleged abuse has occurred, or if the respondent consents to the entry of a protective order, the judge may grant a final protective order to protect any person eligible for relief from abuse.” Evidence of Abuse Mr. Cephas strenuously argues that the “trial court committed plain error … because there was no evidence that Mr. Cephas had committed an act of abuse.” He maintains that the record does not satisfy the necessary finding of abuse by a preponderance of the evidence. Mr. Cephas cites to our decision in Piper v. Layman, supra, in which this Court
‒Unreported Opinion‒ 17 reversed the issuance of a protective order. The respondent in that case, Mr. Piper, had been found to have “abused” the petitioner, Ms. Layman, by engaging in behavior that she alleged was a continued pattern of harassment and stalking. Piper allegedly followed Layman, parked and loitered in her driveway a number of times, and called Layman’s house a number of times when she had visitation custody of their child. Piper, 125 Md. App. at 755. There was no evidence that Piper had any physical contact with Layman. Id. at 757. The circuit court in that matter found that an alleged violation of the harassment statute constituted abuse. He explained: “I think Mr. Piper could be on notice, at this point, even if this is not in the stalking statute, the harassment statute says ‘anyone who seriously annoys anyone else by following them around is guilty of the crime of harassment.’” Id. (footnotes omitted). We disagreed with the trial court and explained: The Domestic Violence Act is clear that a finding of abuse requires at least one of the following acts: an act that causes serious bodily harm; an act that places a person in fear of imminent serious bodily harm; assault; rape; a sexual offense; or false imprisonment. See FL § 4–501. After a careful review of the record, we find no testimony given by appellee or her witness that allows an inference that appellant committed any of the conduct constituting “abuse.” At the ex parte hearing appellee herself acknowledged that Mr. Piper did not have any physical contact with her. Appellee was only able to recount one instance of Mr. Piper’s “following” her while both were driving their respective vehicles, and in that instance, she did not indicate that he threatened her in any manner or that she feared that he would harm her. Rather, she maneuvered her vehicle from a position in front of him to a position behind him, so that she could identify his license plate number, presumably for purposes of identification. Testimony by appellee’s roommate that she saw appellant or appellant’s family in the driveway of Ms. Layman’s house during the times that the parties’ minor child was visiting appellee is not sufficient to show abuse. The parties are parents of a child who is in the custody of appellant,
‒Unreported Opinion‒ 18 and with whom appellee has visitation. In his efforts to investigate and monitor appellee’s activities during her visitation with the child, appellant may have over-stepped his role as custodial parent and inappropriately interfered with appellee’s visitation rights. Such conduct might properly be the subject of a request for injunctive or other relief by the court that issued the custody and visitation order. The described conduct, however, does not constitute abuse within the meaning of the Domestic Violence Act. Id. at 757-58. We conclude that Piper does not support Mr. Cephas’s claims for relief. Unlike the record before us in that case, the evidence, viewed in the light most favorable to the Appellee, is sufficient to establish that Monae had suffered physical injury in the past, and that Mr. Cephas acted aggressively towards her during the events of June 27. The record is not limited, as Mr. Cephas asserts, to his statement to Monae that she should “be quiet -- or shut up or you better go ahead before I bring somebody around here to come and get you.” We conclude that the evidence, as presented on the record before and credited by the trial court, satisfies the standard for acts that placed Monae “in fear of imminent serious bodily harm.” FL § 4-501(b)(ii). We also conclude that the trial court was entitled to find that Monae suffered a “pattern of abuse during her domestic relationship” and that she felt threatened during the events of June 27. The trial court, in our view, did not ignore Mr. Cephas’s testimony or give short shrift to his case. Although Mr. Cephas complains that the trial court “only focused on [Monae’s] testimony,” the court made its ruling “[b]ased on the evidence, testimony, witnesses presented[.]” As this Court has recently observed: “Judges are presumed to know the law[,]” and “[a]bsent an indication to the contrary, we must assume
‒Unreported Opinion‒ 19 that judges apply the law correctly to the case before them.” Bailey v. Happer, 268 Md. App. 618, 638 (cleaned up), cert. denied, 494 Md. 185 (2026). In this instance, that duty to consider the record as a whole and provide an adequate explanation for the court’s ruling was more than satisfied. Again, we must emphasize that a trial court’s factual determinations are “afforded significant deference on review.” Jackson v. 2109 Brandywine, LLC, 180 Md. App. 535, 567, cert. denied, 406 Md. 444 (2008). “A finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” Kusi v. State, 438 Md. 362, 383 (2014) (cleaned up). See generally, United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948). It is “not our role, as an appellate court, to second-guess the trial judge’s assessment of a witness’s credibility.” Gizzo v. Gertsman, 245 Md. App. 168, 203 (2020). In view of the above, we conclude that the record is sufficient to support a finding of abuse by a preponderance of the evidence, and that, in assessing that proof, the trial court neither misinterpreted the definition of “abuse,” nor clearly erred in rendering its findings of fact. We also conclude that the trial court did not abuse its discretion in issuing a Final Protective Order. Accordingly, we affirm the trial court’s issuance of the Final Protective Order. JUDGMENT OF THE CIRCUIT COURT FOR BALTIMORE COUNTY AFFIRMED. COSTS TO BE PAID BY APPELLANT.
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