Most domestic violence occurs at night or on weekends, statistics show. Courts in Maryland are open to offer legal protection to victims only during business hours, Monday through Friday.
Voters throughout the state will be able to address that paradox next week when they go to the polls. Sharing the ballot with candidates competing to fill the Governor's Mansion, congressional seats and the Maryland General Assembly will be three statewide questions that would amend the state constitution.
Ten counties will ask voters in their jurisdictions to approve charter amendments, bond issues and more. In Dorchester County, voters will decide whether the appointed school board should instead be elected, and in Wicomico County, voters will be asked whether they want to add an elected county executive to the political mix.
But all voters may address the domestic violence question, which would expand the powers of District Court commissioners when courts aren't open, allowing them to issue short-term orders keeping those accused of abuse from contact with those seeking protection. At present, only judges can issue protective orders.
Court commissioners are in their offices or on call when courts are not in session, and can charge people with crimes, issue arrest warrants and conduct bail hearings.
"Clearly we're talking about 16 hours in a day and 72 hours in a weekend where victims have to wait - that's much too long," said Col. David B. Mitchell, superintendent of the Maryland State Police. "It could save lives."
Lawmakers passed the measure unanimously during the session that closed in April. Because the measure requires a change to the state constitution, it must be approved by voters.
"The purpose of it is to build a distance between an abuser and a victim of abuse as quickly as possible so there's no more violence," said Anne Arundel District Judge Martha F. Rasin, the District Court system's former chief judge who pushed for the law. "Without that order, it's often very difficult to get that person ... out of circulation."
If victims want protection during off hours, they must swear out criminal complaints to have their abusers arrested, something many spouses are reluctant to do. If an abuse victim were to get a protective order under the new system, any reported contact made by the abuser would result in an arrest.
Michael J. Elmore, who oversees court commissioners in Southern Maryland, said women abused on Friday nights basically have been told to "hide out" until Monday morning. This new power would at least offer "a level of protection," although, he cautions, "this is not a bulletproof vest."
Rasin estimates that 20,000 to 30,000 protective orders are issued every year. The cost to implement the amendment is unknown because no one knows how many people would take advantage of the new service.
Two other statewide questions will appear on the ballot:
Question 2 would allow the General Assembly to enact emergency laws changing the duty or term of a public officer, or creating or abolishing an office. Most laws take effect Oct. 1, and most emergency laws take effect immediately. Because of the way the constitution is worded, however, emergency laws involving public officers cannot be implemented until June 1.
Question 3 authorizes Montgomery County to appoint a licensed and certified real estate appraiser to estimate the value of vacant property that the county has determined it needs for roads or streets.
Currently, the constitution requires the county to use real estate brokers, who typically do not perform appraisals.