Paper Example: Petition of Relief for Joanna

Joanna has been living with John, who is a live-in love for the past one year. John began beating Joanna since the second after he moved to her apartment. Joanna lost her job ten months ago, and all through that period, John has been beating her. However, the beatings have been progressively becoming worse, and last night she was severely beaten to the point of being treated in an emergency room after sustaining three fractured ribs. Carter agreed to represent Joanna, but she currently needs immediate assistance. The case is based on the statutes developed in Maryland Annotated Code to build Joanna's petition.

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Joanna's petition is founded on 2010 in Maryland. The progressive beatings inflicted by John on Joanna over that period amount to a criminal offense because it is domestic abuse. The statute defines abuse as any means that causes serious bodily harm; the act makes the victim eligible for relief in fear of further serious harm. Abuse is any degree of assault. The statute further explains that abuse also includes sexual offenses, including rape, as indicated by 3-303 to 308. Other definitions of abuse relate to false imprisonment or stalking under 3 - 802 of the Criminal Law Article.

The case of Joanna qualifies to be ruled based on the provisions of the 2010 Maryland. In case there is adequate evidence that Joanna and John have been living together for approximately one year. The petition should be ruled on a domestic violence basis under the definition of domestic violence. The two people are cohabitants; they have been living together for at least 90 days within the past one year before the filing of the petition. Therefore, the petition should be ruled under domestic violence abuse.

The petition of relief will constitute various elements, including the emergency family maintenance, protective order, residence, and interim protective order. Joanna needs emergency family maintenance. The statute defines this element as a monetary award offered to an eligible victim for relief to whom the respondent has a duty of support under two circumstances. First, it supports the financial needs of the victim eligible for relief. The second includes resources available to the eligible victim for relief and respondent. Joanne needs emergency maintenance as she recuperates and financial assistance as the support she has been receiving from John since they have been living together.

Joanna needs an interim protective order, which is defined as described under 4-506 of this statute. After domestic violence, an interim protection order should be given to Joanna for temporary and urgent legal protection. At the same time, the court awaits pending investigations by the police following the reporting of the incident. The court should determine in the best interest that Joanna faces the risk of harm from the respondent in case the order is not made. There is sufficient evidence that Joanna and John have been living in the same apartment for one year. Therefore, there is a high risk of harm from John. The interim protective order needs to be included as part of the relief.

Another component that needs consideration as part of the relief is home, as described in the statute. Home includes the principal residence of the individual eligible for relief. It also extends to incorporate leased, rented and owned homes by the person eligible for relief. In this scenario, John needs to be restricted from accessing their home of Joanne until the case is over or withdrawn after mutual consent.

References

2010 Maryland Code FAMILY LAW TITLE 4 - SPOUSES Subtitle 5 - Domestic Violence 4-501