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domestic_violence_1.docx
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Project 1 – Protection From Abuse
Instructions
PROJECT 1
This Project requires you to conduct research on law related to domestic violence and protective orders
in Maryland and draft a memorandum addressing the relevant information that should be included in
Audrey’s Supplemental Protective Order..
BACKGROUND
The attorney reviewed Audrey’s (Client) Petition for Protection and temporary protection order and has
some concerns about the adequacy of the petition that Audrey filed pro se.
Attorney is concerned because the Audrey’s Petition for Protection simply alleges that her spouse, Mike
Johnson “Threatened me and choked me with his hands.” The petition does not describe the incident in
its entirety nor did she include any prior history of abusive behavior. Consequently, the attorney has
assigned you to retrieve materials and write draft a Supplemental Petition for Protection to file on
Audrey’s behalf.
For purposes of this assignment, you also need this additional information:
Audrey obtained the ex parte temporary protection order on February 6, 2017. This was two days after
the most recent incident with Mike when he pushed her down the stairs.
February 17, 2017, Audrey received the powdery envelope at Johnson family home located at 12345
New Hampshire Avenue, Silver Spring, Maryland.
INTERVIEW BETWEEN MAYA AND AUDREY ON FEBRUARY 20TH
Maya:
Please describe the incident that led to you seeking an en ex parte order.
Audrey:
On February 4th, I was at my friend’s house and we were watching some frightening news reports on
the television. I did not realize how long I had been glued to the set. Before I knew it, it was 8 p.m. When
I got home, my husband Mike was really angry because I had not left him a note. He was mad because I
had not made dinner. We got into an argument and he started calling me names. He cursed and started
throwing things. He threw dishes across the room and they smashed into pieces. He demanded that I
pick up the broken dishes. When I refused, he told me that I better clean up the mess or he would break
my neck. He threw me against the wall and started to choke me. Luckily, my neighbor heard the
commotion and banged on the door. I was able to break away and ran out of the house. I went to the
neighbor’s house and called the shelter.
Maya:
Did you have to seek medical treatment?
Audrey:
No. I had a big bruise on my neck and a knot on my shoulder from him throwing me against the wall, but
I didn’t have any serious injuries.
Maya:
Was this the first time your husband had ever threatened or harmed you?
Audrey:
I was hospitalized in January 2016 when he threw me down the stairs and I broke my foot. After that
incident, he told me that he would go to counseling, but he never did.
Maya:
Have there been any other incidents?
Audrey:
Until last week, he had not hit me. But he has been mentally abusive to me. Last month he was angry
about something and he told me that I’d better monitor my mail. He said he was going to send me a
present that I would never forget. A few days later, I received a letter with white crystal powder in it. I
thought he had sent me anthrax. When I asked him about it, he just laughed.
Maya:
Does he really have access to anthrax?
Audrey:
I don’t think so, but it was scary receiving the letter. I called the police and they sent the letter to the
FBI. It turned out that the powder was baby powder and sugar. I felt pretty stupid but he really scared
me. The police told him that if he ever pulled a prank like that again, he would be charged with making a
terrorist threat. In addition, I believe that federal charges are going to be brought against him for faking
an anthrax scare.
Maya:
Do you have any children with your husband?
Audrey:
We have two children. Do you think Julie can get me custody of them?
Maya:
She certainly can try. Would you oppose Mr. Johnson’s having visitation?
Audrey:
No. I wouldn’t mind as long as we could set up a weekly schedule. I don’t want to have to argue with him
about when visitation will occur.
Maya:
The court can order supervised visitation if it is concerned that the non custodial parent might harm the
children. Is Mr. Johnson physically or verbally abusive to the children? Or do you have any concerns that
he might refuse to return the children after a visit?
Audrey:
No. He spanks the children but he has never left any bruises. I don’t think he would harm them or keep
them from me.
Maya:
Prior to coming to the shelter, where did you and the children live?
Audrey:
We were living with Mike in a house that we were buying. I would love to go back to the house, but I am
fearful that he will come in the house. I also don’t think I could afford the mortgage payments or the
utility bills.
Maya:
Are you employed?
Audrey:
I have a job that is about 20 minutes from my home. I don’t know if I will be able to keep the job
because I don’t have transportation. We have a car that is titled in both Mike’s and my name. He took
the car when I went to the shelter. If I move back into the house, I don’t know how I will be able to get
to work. There is no public transportation near our house.
Maya:
What are your long-term plans? Would you like to reconcile with Mr. Johnson or do you want to file for
a divorce?
Audrey:
That’s a hard question to answer. It really depends on Mike. I don’t want to give up on the marriage. We
have two children. I know all this fighting is tearing up the kids. We all really love Mike, but I can’t put up
with this abuse anymore. I think it is best that we separate for now. I am just taking it one day at a time.
Maybe if he stops drinking and goes to counseling, we can work things out.
INSTRUCTIONS
1. Now that you have read the above dialog, research Maryland laws and determine whether the
attorney will be able to obtain a protective order.
2. Research and cite the specific statute that defines “abuse” in protective order proceeding in the
Family Law Article of the Maryland Code.
3. Read the Maryland domestic violence statute and determine what the attorney will need to prove to
be able to obtain a domestic violence protective order.
4. Make a chronological list all of the incidents described in the interview between Maya and Audrey
that you think qualify as “abuse” under the statute you located. Your list should accurately describe
facts from interview – do not assume or make up any facts
5. Next, determine what relief you think would be helpful to the client and what relief Maryland law
affords.
6. After you have completed steps 1 through 5 use the attached copy of the Petition for Protection
From Abuse as a guide to draft a memorandum addressing Audrey’s need for a Protection Order.
Judge Time
Hours
Minutes
CIRCUIT COURT
DISTRICT COURT OF MARYLAND FOR
Located at
City/County
Case No.
Court Address
(NOTE: Fill in the following, checking the appropriate boxes. Petitioners need not give an address if doing so risks
further abuse or reveals the confidential address of a shelter. If this is the case, check here
If you need additional
paper, ask the clerk.)
vs.
Petitioner
Respondent
Street Address, Apt. No.
Street Address, Apt. No.
Home:
Work:
Telephone Number(s)
City, State, Zip
Home:
Work:
Telephone Number(s)
City, State, Zip
PETITION FOR PROTECTION FROM
DOMESTIC VIOLENCE
CHILD ABUSE
VULNERABLE ADULT ABUSE
(Family Law § 4-504)
1. I am:
the current or former spouse of the respondent;
respondent by blood, marriage, or adoption;
a cohabitant of the respondent;
a person related to the
a parent, stepparent, child, or stepchild of the respondent or the person
eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year
before the filing of the petition;
an
a vulnerable adult;
an individual who has a child in common with the respondent; or
individual who has had a sexual relationship with the Respondent within one (1) year before the filing of the Petition.
2. I want relief for
myself
minor child
vulnerable adult, from abuse by
Name of alleged abuser
The Respondent, whose present whereabouts (if known) are
,
committed the following acts of abuse against
on or about,
(check all that apply.)
Date
slapping
shooting
shoving
threats of violence
kicking
rape or other sexual offense (or attempt)
mental injury of a child
punching
choking/strangling
hitting with object
detaining against will
stabbing
stalking
other
(Give specific details of what happened, when and where it happened, and any injuries sustained):
3. (If the victim is a child or vulnerable adult, fill in the following): I am asking for protection for a
child
vulnerable adult whose name is
At this time the victim can be found at
I am
State’s Attorney
DSS
a relative
an adult living in the home.
4. The person(s) I want protected are (include yourself if you are a victim):
Names(s)
Birthdate
CC-DC-DV-001 (Rev. 10/2015)
Page 1 of 3
Relationship to Respondent
biting
Case No.
vs.
Petitioner
Respondent
5. The person(s) I want protected now lives, or has lived, with the Respondent for the following period of time during
the past year:
There
are
are not additional persons living in the home.
6. I know of the following court cases involving me, or the person I want protected, and the Respondent. (Examples
include: paternity, child support, divorce, custody, domestic violence, juvenile cases, criminal cases)
Court
Kind of Case
Year Filed
Result or Status (if you know)
7.
I have received a final protective order against the same respondent that expired within one (1) year of the
abuse alleged in this petition, and which was issued for a period of at least six (6) months.
Date expired
Date issued
Location where issued
City/County/State
8. Describe all past injuries the Respondent has caused the victim, and give date, if known
9. The Respondent owns or has access to the following firearms:
10. I want the court to order the Respondent: (NOTE: Petitioner need not give an address if doing so risks further abuse.)
NOT to abuse or threaten to abuse
Name(s)
NOT to contact, attempt to contact, or harass
Name(s)
NOT to go to the residence(s) at
Address
NOT to go to the school(s) at
Name of school and address
NOT to go to the child care provider(s)
Name of child care provider and address
NOT to go to the work place(s) at
CC-DC-DV-001 (Rev. 10/2015)
Name(s)
Page 2 of 3
Case No.
vs.
Petitioner
Respondent
To leave the home at
Address
and give possession of the home to
The name(s) on the deed or lease are:
To turn over firearm(s) to a law enforcement agency.
To go to counseling
domestic violence
drug/alcohol
other
To pay money as Emergency Family Maintenance (may be taken from Respondent’s paycheck).
11. I also want the Court to order:
Custody of
Children’s names
be granted to
Name
Use and possession of the following jointly-owned vehicle be granted to
Name
Description of vehicle
Temporary possession of the pet(s)
Name and Description
be granted to
Name
In the final order, the following additional relief necessary to protect
Person Eligible for Relief
from abuse:
12. (Fill in only if you are seeking Emergency Family Maintenance.) The Respondent has the following financial
resources:
Income from employment in the amount of $
every
week
2 weeks
month
other
Source of employment income
Income from other source
Name and address of source and amount(s) received
Name and address of source and amount(s) received
The Respondent also owns the following property of value: Automobile(s) $
Home $
Bank Account(s) $
Estimated Value
Estimated Value
Estimated Value
Other:
Estimated Value
I solemnly affirm under the penalties of perjury that the contents of the foregoing Petition are true to the best of my
knowledge, information and belief.
Date
Petitioner
I have filled in the Addendum (Description of Respondent), CC-DC-DV-001A
NOTE
If you believe that you have been a victim of abuse and that there is a danger of serious and immediate injury to you, you
may request the assistance of a police officer or local law enforcement agency.
The law enforcement officer must protect you from harm when responding to your request for assistance and may, if you
ask, accompany you to the family home so that you may remove clothing and medicine, medical devices, and other
personal effects required for you and your children, regardless of who paid for them.
You are entitled to request that the address and telephone number of a victim, a complainant, or a witness be considered
for shielding at the filing of this application.
NOTICE: Remote access to the name, address, telephone number, date of birth, e-mail address, and place of employment
of a victim or non-party witness is subject to blocking in accordance with Md. Rule 16-1008.1. A person who causes
identifying information relating to a witness to be placed in a court record shall give the clerk written notice whether the
information is not subject to remote access under Md. Rule 16-1008.1.
CC-DC-DV-001 (Rev. 10/2015)
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