A District Court judge handling protective ordersĀ in NovemberĀ listened asĀ aĀ petitioner told her story. The petitionerĀ described how herĀ partner attacked andĀ strangled her while she was holding their young child in her arms. He strangled herĀ again on the bed, with the child lying right next to them. The respondent’s actions put the child in great danger and show a reckless disregard for the child’s well being.
Judges have the power — and the obligation — to protect children as they formulate protective orders initiated by an abused parent. Judges can order a Child Protective Services assessment to gather needed information. They can explicitly include the child in the protective order. They can limit contact with violent parents and set custody in a way that ensures the child’s safety.
In this case, a ChildĀ Protective Services investigation was clearly warranted — but the judge did not order one. Ā In addition, the judge refused to include the child in the temporary protective order which she granted to the mother. The judge statedĀ that she was ānot getting involved with child custody.ā
The Maryland Judgeās Domestic Violence Resource ManualĀ specifically states that judges should not refuse to considerĀ custody decisions in protective orders simply because that issue may be dealt with later in a Circuit Court custody or divorce case.
This judge had a responsibility to ensure theĀ basic safety of a vulnerable child. She failed to meet her obligation.