Domestic violence bill could reignite debate
Quashing expungement legislation among priorities of victim advocates
ANNAPOLIS A bill allowing petitions for protective orders in domestic violence cases to be expunged from court records is being drafted a year after the proposal prompted an emotionally charged debate in the House of Delegates.
Del. Jill P. Carter said she plans to introduce a bill that would allow a judge to expunge the records of subjects of dismissed or denied protective orders.
"The bill would simply allow an opportunity to erase an unsubstantiated claim," Carter (D-Dist. 41) of Baltimore said.
Last year, advocates used the star power testimony of Lt. Gov. Anthony G. Brown (D) to claim victory on bills to require the surrender of firearms in domestic violence cases. Meanwhile, victim advocates played defense against the expungement legislation, which seeks to walk a fine line between protecting victims and protecting against false accusations.
It is a matter of weighing wrongful accusations against, "Yeah, but this person was shot," Del. Kathleen M. Dumais (D-Dist. 15) of Rockville said.
"The problem with expunging in a domestic violence case is the other side, is the victim," she said.
Supporters of the bill say the protective orders often are used as tools of retaliation in divorce or custody cases.
In Baltimore city, where Carter practices law, "It's almost common practice for there to be a cross-complaint," she said. "You file against me, and I'm going to file against you."
The orders turn up in easily accessible court records as warning flags for potential employers or landlords, some of whom use the orders to deny jobs or housing, supporters say.
"I see no reason why someone can be accused of something and carry around that scarlet letter for the rest of their life," said Sen. Robert A. Zirkin (D-Dist. 11) of Owings Mills, who plans to cross-file the bill.
"There's a stigma even though it's not considered criminal, it's somewhat quasi-criminal," Carter said. "Now that we have Maryland Judiciary Case Search, the whole world can see it, not to mention potential employers. People can be very much hurt by it women and men."
Removing records of domestic violence cases from the case search and making them available only at a courthouse could make employers less likely to seek out the information and provide a solution acceptable to both sides, said Dumais, who voted against the bill last year.
Evidence of domestic violence does not always show up in existing court records, said Dorothy Lennig, director of the legal clinic at the House of Ruth Maryland, a domestic violence resource center in Baltimore.
In some cases, threats from abusers dissuade victims from filing petitions, she said. In others, the subjects of the petitions cannot be located to be served.
"I think it's important to see the history of what's gone on with this respondent. To say we're going to shield these cases could be dangerous," Lennig said.
"If there was a fail-proof way to expunge in cases where absolutely nothing happened, I think we could all agree to that," she said. "It's not that easy."
Introduced last year by Del. Luiz R.S. Simmons (D-Dist. 17) of Rockville, the bill was voted down by the House; a day later, the House voted to recommit to the House Judiciary Committee. It never made it back out of committee.
A bill cross-filed in the Senate by Senate President Thomas V. Mike Miller Jr. (D-Dist. 27) of Chesapeake Beach and Sen. Norman R. Stone Jr. (D-Dist. 6) of Dundalk never made it out of committee.
"The bill, when introduced, frankly, was demagogued by a group of people who tried to make it a referendum on domestic violence," Simmons said of the House legislation.
Simmons, who will co-sponsor Carter's bill, said he believes the legislation will get a "fairer" consideration this year.
Opponents hope to avoid a replay of last year's emotional debate.
"We're hoping that we don't have to, the following session, repeat that fight," said Del. Cheryl D. Glenn (D-Dist. 45) of Baltimore, who punctuated last year's House debate with the revelation she had been in an abusive marriage.
Glenn is preparing a bill that would allow victims to change locks or break leases if they feel unsafe in a rental unit. The bill also would keep victims from being evicted because of domestic violence incidents, she said.
The legislation is among several domestic violence bills that have a lower profile than last year, when Gov. Martin O'Malley (D) made the firearms legislation a cornerstone of his public safety agenda, and Brown testified about the murder of his cousin in a domestic incident.
Del. C. Sue Hecht (D-Dist. 3A) of Frederick has introduced a bill that would change the standard of proof for granting a final protective order from "clear and convincing evidence" to the less stringent "preponderance of the evidence," a standard Hecht said all other states use.
Del. Jeff Waldstreicher (D-Dist. 18) of Kensington has introduced a bill to extend a final protective order for up to five years if abuse occurs during the year the original order is in effect. Last year, the General Assembly passed legislation extending a final protective order to up to two years if abuse occurs within a year of an order expiring.
Advocates also are hoping to pass legislation that would increase fees on civil case filings and would allow Baltimore city to increase its marriage licenses fee. Domestic violence advocacy groups such as the House of Ruth receive a portion of the revenue from such fees.