Maryland proposal would relax the standards for obtaining protective orders

Story here. Excerpt:

'The House and Senate are considering bills that would change the standard of proof needed to grant a final protective order. The bills, H.B. 700 by Del. C. Sue Hecht (D-Frederick) and S.B. 823 by Sen. Jennie M. Forehand (D-Montgomery), would replace the current standard of "clear and convincing evidence" to a "preponderance of the evidence." Maryland is the only state that uses this higher standard when victims -- and generally they are women -- seek orders to protect themselves from their alleged abusers. In all other civil matters, Maryland courts require only a preponderance of evidence.

The House and Senate are considering bills that would change the standard of proof needed to grant a final protective order. The bills, H.B. 700 by Del. C. Sue Hecht (D-Frederick) and S.B. 823 by Sen. Jennie M. Forehand (D-Montgomery), would replace the current standard of "clear and convincing evidence" to a "preponderance of the evidence." Maryland is the only state that uses this higher standard when victims -- and generally they are women -- seek orders to protect themselves from their alleged abusers. In all other civil matters, Maryland courts require only a preponderance of evidence.

Contrary to the fears of some opponents, this would not open up the floodgates to capricious decisions based on false charges. Judges would still be able to judge the credibility of any claim, but they would have more discretion in reaching a decision. Instead of being bound by there being no doubt about a petitioner being in danger, the court would be able to use the more reasonable standard of there being a good chance of danger.'