A constitutional amendment to help protect victims of domestic violence on nights, weekends and holidays won overwhelming approval last night.

The amendment, one of three statewide ballot initiatives, will allow District Court commissioners to issue temporary protection orders when the courts are not open. Such orders prohibit those accused of domestic abuse from having contact with those seeking protection.

With 95 percent of the precincts reporting late last night, the measure won approval by a 7 to 1 margin.

Advocates described the amendment as an important tool for domestic violence victims.

"All this is doing is adding another tool to help people who have become a victim of domestic violence," said Cynthia L. Golomb, a lobbyist for the Maryland Network Against Domestic Violence.

Under current law, only judges can issue protective orders and then, only during regular business hours.

The ballot amendment will allow court commissioners, who are on duty at night and on weekends, to issue short-term protective orders. Court commissioners can now issue arrest warrants, charge people with crimes and conduct bail hearings.

Golomb said under law an abuser who is arrested on the weekend could post bail and return to the same house as the victim who filed criminal charges. But the amendment allows a commissioner to issue an order that prohibits the abuser from having any contact with the victim, she said.

"If the person attempts to go back, police can arrest him without a warrant," Golomb said.

The commissioners' protective orders would only be effective until a judge can hold a hearing, during regular business hours, that gives both parties a chance to be heard.

"It just gets people over the hump so they don't have to hide out for two to four days, over a weekend," Golomb said. "That's what we're trying to eliminate - that limbo-like state that people are in by not having access to the civil justice system at night or on weekends."

Golomb credited Anne Arundel District Judge Martha F. Rasin, the former chief judge of the District Court system, for pushing the amendment.

Question 3, which also was approved yesterday, authorized Montgomery County to appoint a licensed and certified real estate appraiser - rather than a broker - to estimate the value of vacant property the county has determined is needed for roads. It passed by a 59 to 41 margin with 91 percent of the precincts reporting.

The fate of the other constitutional amendment was less clear last night.

Question 2 asked voters to allow the General Assembly to enact emergency laws changing the duty or term of a public officer or creating or abolishing an office. The amendment would not expand the General Assembly's powers, but would allow changes to state offices ordered by legislators to take effect sooner. With 95 percent of the precincts reporting last night, the measure was passing by a margin of 51 to 49.

Voters in 10 counties also were deciding on a variety of charter amendments, bond issues and other measures.

Amendments

Amendment 1

District Court Commissioners

1,758 of 1,760 precincts 99%

For ............... 1,215,686 .......... 88%

Against ........... 173,543 .......... 12%

Amendment 2

Emergency Legislation Authority

1,758 of 1,760 precincts 99%

For ................. 671,020 ............ 51%

Against .......... 656,836 ............ 49%

Amendment 3

Montgomery Co. Appraiser

1,758 of 1,760 precincts 99%

For ................ 698,906 ............. 59%

Against ......... 480,503 ............. 41%