08 Oct 2012

Legal Advocacy provides Safety: STOP in Action Maryland

Maryland Agency Assists Survivor of Domestic Violence Seeking Safety for Herself and Her Children

In June 2008, Lindsay* felt hopeful that the abuse she had experienced at the hands of her husband, Phil*, was all in the past and that they could reunite as a family.  The one-year protective order that the court had granted her against Phil had expired a few weeks earlier; when it did, Lindsay agreed to see a marriage counselor with Phil to see whether it would be possible to reconcile.  Things went well in the counseling sessions, and Lindsay and Phil eventually moved back in together, along with their children, ages 10, 6, and 2.

At first, it seemed as if Phil really had changed.  Several months later, however, Phil began verbally abusing Lindsay.  A few weeks later, Phil punched Lindsay on the top of her head and choked her until she fell to the floor.  The children, who saw this happen, ran to their neighbor’s house.  The neighbor called 911, and police arrived a short time later.  After taking reports from both parties, the officers arrested Phil and encouraged Lindsay to call the Mid-Shore Council on Family Violence for assistance. 

That afternoon, the Mid-Shore legal advocate assisted Lindsay in petitioning for a temporary, ex parte protective order.  The judge granted the temporary order and set the time and date for the final protective order hearing.  Mid-Shore helped Lindsay to obtain legal representation for her protective order case.   Both the attorney and a legal advocate from Mid-Shore accompanied Lindsay to court for the hearing.  Lindsay’s husband did not have legal representation and he refused to consent to the final protective order because he did not believe that he had done anything wrong.  Both Lindsay and Phil testified, and the court found clear and convincing evidence of the abuse.  The court granted Lindsay a protective order for one year, and awarded her possession of the marital home and temporary custody of the children.  Her husband was granted supervised visitation with the children every other weekend at his sister’s home.  He was ordered to make the mortgage payments on the house and to pay Lindsay $400 every week for household bills and care of the children.

Since the protective order hearing, Mid-Shore has assisted Lindsay in obtaining legal representation for her divorce and custody cases (using non-VAWA funds) and she and the children are receiving counseling through Mid-Shore and For All Seasons.  While Phil has not consistently made the court-ordered mortgage and support payment and this has added to Lindsay’s financial struggles, she is working with her attorney to ensure that this is factored into the divorce and custody case. 

 

 

*Not their real names.

 

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