Governor, First Lady, Lt. Governor and Attorney General Call for Better Protection for Victims of Domestic Violence
Join Advocates in Promoting Legislation that would Strengthen Protective Orders and Remove Firearms from Domestic Abusers
ANNAPOLIS, MD (February 2, 2009) – Governor Martin O’Malley, joined by First Lady Judge Katie O’Malley, Lt. Governor Brown, Attorney General Gansler and advocates for domestic violence victims, today rallied together to call for better protection for victims of domestic violence. Last week, Governor O’Malley introduced legislation that would take firearms out of the hands of domestic abusers and would provide the tools necessary to ensure the safety of Maryland’s families.
“Crimes of domestic violence are among the most defining public safety issues of our times. Whenever any of our neighbors fall victim to such a crime, it not only touches all our hearts, but it impacts all our lives in the broadest sense of community,” said Governor O’Malley. “The legislation we are proposing this year will enable our judges to order abusers to surrender all firearms in their possession – including those used for hunting – when a protective order is issued – whether it is temporary or final. By providing our judges with the tools necessary to take guns out of the hands of abusers, we’re working to reduce the risk of deaths caused by firearms, and improving public safety in our State.”
“Victims of domestic violence live in fear for their lives every day,” said Attorney General Gansler. “This legislation will help protect the lives of victims and diffuse potentially violent situations. I support Governor O’Malley’s efforts to give these victims some level of comfort and help protect them from additional violence at the hands of their abuser.”
Last week, Governor O’Malley unveiled his 2009 legislative agenda, which included SB 268 Family Law – Temporary Protective Orders – Surrender of Firearms, and SB 267 Family Law- Protective Orders – Surrender of Firearms. SB 268 allows judges to order the respondent in a temporary protective order to surrender any firearms in his or her possession. Currently, the law allows judges to temporarily remove the respondent from the home, award custody of minor children to the petitioner and issue stay-away orders. Maryland’s temporary protective order law does not give judges authority or discretion to remove firearms, even when there is a specific threat of violence. SB 268 gives judges an option, which they currently do not have. SB 267 makes it mandatory for judges to order the respondent of a final protective order to surrender any firearms (handguns and long guns) in his or her possession.
“Domestic violence advocates and the victims they serve have engaged in a long and often lonely struggle to bring awareness, resources, and protection to victims and their children. Today, we mark a new beginning,” said Carole Alexander, Executive Director of House of Ruth Maryland. “Governor O’Malley’s commitment to legislation requiring abusers to surrender their firearms when a protective order is entered against them is more than a critical and life-saving protection for victims; the Governor’s leadership sends a clear signal – to the legislature, to law enforcement, to the judiciary and to every Marylander, that violence against women and children will not be tolerated...a new day is dawning.”
Governor O’Malley was also joined by a domestic violence victim and survivor, Mary Crawford. Ms. Crawford stated: “I am here today to tell everyone my story. My ex-husband got the gun from a pawn shop before the protective order. He told me it was for hunting purposes. That was the weapon that almost cost me my life. I believe that if this law had been in effect, he would not have had any firearm to use against me at that time. He also had a shotgun, a black powder gun, and two 22s, all unregulated firearms. If they would have taken these weapons when I got the initial protective order, he would not have had a gun to try and kill me. I often ask God, why me? Even though I do live in fear constantly, now I am beginning to see that it could be to help someone else to have strength to no longer be a victim but a survivor of domestic violence.”
In 2007, Maryland district court judges issued approximately 7,654 permanent protective orders. From June 2008 through January 2009, only 132 respondents out of Maryland’s total respondents of final protective orders had regulated firearms registered with the Maryland State Police. Of those 132 respondents only 12 had hunting licenses issued by the Department of Natural Resources. In 2005, 1,181 women were killed by their intimate partners, accounting for over 30% of all murders of women.
“As a former prosecutor, and current Judge, I have seen first hand the detrimental effects of family violence. The need for dedicated individuals who will stand up for the safety of our loved ones is urgent,” said Judge Katie O’Malley. “For every single person that lives the horrifying reality of domestic violence, these statistics are so much more than just a number. This scourge extends beyond the walls of a home, weakening our schools, our communities and our entire State. This legislation will provide judges like me with an additional tool to ensure the safety of Maryland’s families and save many more lives.”
“For me, domestic violence is a personal issue - I lost my cousin to domestic violence last summer. I will do everything in my power to make sure it doesn't become a personal issue for any more families,” Lt. Governor Brown said. “We are the best educated and the wealthiest state in America. This common-sense legislation goes a long way toward our goal of becoming the safest as well.”
Last October, Governor O’Malley’s announced the award $1.8 million in STOP – Violence Against Women (VAWA) Federal funding grants to help victims of domestic violence. The Governor’s Office of Crime Control and Prevention allocated those funds to 63 organizations and agencies across Maryland that encourage the development and strengthening of effective, victim-centered law enforcement, prosecution, and court strategies to combat violent crimes against women and to develop and enhance victim services that address violence against women statewide.
Governor O’Malley last year also signed an Executive Order that expanded the Family Violence Council to include Attorney General Doug Gansler as the Co-Chair. The Family Violence Council was created by Executive Order in 2006, but no formal appointments were made. In January of 2008 Governor Martin O’Malley appointed the 21 member Council. The Council’s mission is to provide the Governor with timely and accurate information on family violence with recommendations that will reduce and eliminate abusive behaviors. The Council had their first meeting on January 7, 2008. The Council developed three committees: Public Awareness, Data, and Legislative, and recommended that the Governor redefine the Executive Order to include the Attorney General and a member of the public.
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~ Bill summaries ~
Improving Public Safety
SB 268 Family Law – Temporary Protective Orders – Surrender of Firearms
Background: Temporary Protective Orders typically are in effect for no more than 7 days and serve to provide protection for victims until both parties can go before a judge for a Final Protective Order. Currently, a judge can order a number of protections, such as stay-away orders, but cannot order an abuser to surrender firearms.
Legislation: This provision would allow (but not require) a judge to order an abuser to surrender firearms. It would also provide for the safe-keeping of the firearms, by the police, during the period of the order. This bill would apply to ALL firearms – handguns and long guns (rifles and shotguns). This legislation is based on prior bills sponsored by Senator Frosh and Delegates Barnes, Waldstreicher, Doory, Dumais, Hecht, and Levi.
SB 267 Family Law- Protective Orders – Surrender of Firearms
Background: Final Protective Orders are orders entered after both parties have had the opportunity to appear before a judge and a judge has made a determination, by clear and convincing evidence that abuse has occurred. Currently, the law gives the judge the discretion to order an abuser to surrender his firearms.
Legislation: This proposal would make it mandatory that a judge order an abuser to surrender his firearms for the period of the Final Protective Order (typically one-year). This bill would apply to ALL firearms – handguns and long guns (rifles and shotguns).
