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Domestic Violence Bills Languish on Judiciary Panel
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In Maryland and the District, protective orders are limited to a year. In Maryland, they can be extended for six months; in the District, indefinitely. Orders in Virginia last two years, and in several states they can be permanent.
Vallario said that extending the term to the 24 months sought by advocates is unnecessary, because many estranged couples seek a divorce after a year. Advocates disagree, saying that it can take up to two years to complete divorce proceedings.
Judges in Maryland have the discretion -- but are not required -- to confiscate the guns of an abuse suspect once a final protective order has been issued, after the defendant has had an opportunity to appear in court. In some jurisdictions, only regulated handguns, not rifles, can be removed. The law is stricter in the District and in Virginia and many other states, which allow the court to take firearms when a temporary protective order is issued.
Victims' advocates consider the gun laws the most dangerous loopholes in Maryland's statute and launched a blitz this year to close them. Several bills backed by the governor cleared the Senate, but the House Judiciary Committee voted them down. One would have authorized judges to confiscate guns when they issue temporary orders.
"This is when the situation is most red-hot," said Del. Benjamin S. Barnes (D-Prince George's). "It's a temporary taking. You didn't even see the NRA come out to testify against it."
The committee's gun rights advocates say someone accused of violence could be deprived of his weapons based on an accusation he has no opportunity to rebut.
"What if there's a shoving contest, and this guy has never said a threatening thing about the guns?" asked Del. Kevin Kelly (D-Allegany).
A hearing on the assault-by-burning bill was one of the most emotional of the legislative session, with Yvette Cade's story of how her estranged husband stormed into her workplace, threw gasoline on her and set her on fire. Weeks before the disfiguring 2005 attack, a Prince George's County judge had dismissed a temporary protective order that Cade had obtained against her husband.
Committee members said they were moved by Cade's testimony but struck down the bill, taking the view that Roger Hargrave's crime and others like it are addressed under state law. Hargrave is serving a life sentence for attempted first-degree murder.
The bill to deny a rape suspect's paternity rights was also shelved this year, despite having been unanimously passed by the Senate for the second straight year. Due process ruled the day: Unless a man has been convicted, a court should not deny him contact with his child.
Some victims' advocates say they are not taken seriously when they testify before the Judiciary Committee. At a hearing on a bill to require an abuse suspect to stay away from family pets, some lawmakers joked about whether protected animals should include chickens and farm animals.
"They're not realizing that the pet becomes part of the arsenal" of an abuser, said Cheryl R. Kravitz, a domestic violence survivor from Silver Spring who is co-chairman of the governor's Family Violence Council.
Years ago, Kravitz's ex-husband threatened to slit the throat of the family's beloved Lhasa apso, Benji. The dog was taken to a veterinary clinic when Kravitz left the home.
The committee rarely approves bills addressing animal cruelty, respecting the chairman's view that they are not serious measures.
Maine and Vermont have added pets to their domestic violence statutes, and several other states are weighing such laws.




