Domestic Violence Bills Languish on Judiciary Panel

Last year, Vallario outraged women's advocates at a hearing on a bill to deny paternity rights to rapists by invoking Lord Hale, a 17th-century English jurist who instructed juries to be suspicious of women's claims of rape.

In a recent interview, Vallario said his committee's approach to domestic violence issues has evolved dramatically, albeit gradually. He mentioned the passage this year of a bill allowing victims to seek a permanent protective order as long as the abuser has served at least five years in jail for a violent crime against the victim.

"In a lot of respects, we've made a lot of changes," Vallario said. "The committee has matured to recognize the difficulties of women in a domestic violence situation."

But, he added, "we are looking out for everybody."

Leading the House effort to strengthen protections for women is Del. Kathleen M. Dumais (D-Montgomery), a committee member and family court lawyer who describes the panel's work as a "constant battle between victims' rights and the defense bar." She called the House action to allow permanent protective orders, which will probably be signed by Gov. Martin O'Malley (D) this month, "the surprise of the session."

Another measure, which would clarify police officers' authority to use force to return a minor child to a custodial parent when a final protective order takes effect, is also expected to become law.

Maryland's commitment to addressing violence against women has come a long way since protective orders were limited to 15 days and a woman could not bring rape charges against her husband. Many legislatures developed a sensitivity to domestic violence with the election of more female lawmakers and a series of high-profile crimes in the late 1980s. Maryland's General Assembly enacted several measures, including efforts to recognize abuse as a crime, to train police to take it seriously and to expand services for victims.

But as domestic violence persists -- claiming the lives of 52 women and children in Maryland last year among more than 22,000 reported crimes -- advocates continue to fight for broader protections that they say could save lives.

"I think there's a backlash in some instances where the committee's view is: 'We've given you all this legislation. Why do you keep coming back?' " said Michele Brown, executive director of the Maryland Network Against Domestic Violence.

When people seek protective orders in Maryland, they must prove "clear and convincing" evidence of abuse instead of a "preponderance of evidence," the standard used in the District and Virginia and other states.

That high bar led a Montgomery Circuit Court judge to deny a protective order to Amy Castillo to keep her estranged husband away from their children. The three children drowned in a Baltimore hotel room in March, and Mark Castillo was charged with three counts of first-degree murder and child abuse resulting in death.

Dumais did not introduce her bill this year to establish a lower standard for protective orders after watching them crumble several years in a row. It would be a lost cause, she said.